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Salaries and Allowances of State Legislators

UPSC Civil Services• POLITY• State Legislature• Salaries and Allowances of State Legislators
Explains salaries and allowances of State Legislators under Article 195, covering the constitutional basis, authority of the State Legislature to determine remuneration by law, application to Assembly and Council members, distinction between salary and allowances, State-wise variation, the interim Second Schedule arrangement, comparison with MPs and State Ministers, distinction from presiding officers under Article 186, UPSC Prelims facts and traps, memory tricks, and Mains and reform perspectives.

Salaries and Allowances of State Legislators

Introduction

Members of the State Legislature receive salaries, allowances and other benefits for performing their legislative responsibilities.

The constitutional framework for salaries and allowances is mainly provided under:

Article 195 — Salaries and allowances of members of State Legislature

The Constitution establishes the legal framework but leaves the actual amounts largely to be determined by the State Legislature.


1. Constitutional Basis

Article 195 deals with:

  • Salaries of State Legislators
  • Allowances of State Legislators

The provision applies to members of:

  • Legislative Assembly
  • Legislative Council

where a State has a bicameral Legislature.


2. Who Determines Salaries?

The State Legislature determines the salaries and allowances of its members by law.

Therefore:

State Legislature → Determines salaries and allowances

The Constitution does not prescribe a uniform salary amount for legislators across all States.


3. Constitutional Provision

Article 195 provides that members of the State Legislature shall receive:

Such salaries and allowances as the Legislature of the State may from time to time by law determine.

This gives States flexibility to determine the financial benefits of their legislators.


4. Interim Constitutional Arrangement

The Constitution originally provided that, until the State Legislature made a law determining salaries and allowances, members would receive the:

Allowances specified in the Second Schedule

This was an interim constitutional arrangement.

The important point for UPSC is:

Actual salaries and allowances are determined by State law.


5. Assembly and Council Members

In a bicameral State, Article 195 applies to members of both:

Legislative Assembly

and:

Legislative Council

Therefore:

State Legislature
       ↓
   Article 195
       ↓
┌───────────────┐
↓               ↓
Assembly       Council
Members        Members
6. Salary vs Allowance

These terms should not be confused.

Salary

Regular monetary remuneration received by a legislator.

Allowance

Additional payment provided to meet expenses or support legislative duties.

Examples may include allowances relating to:

Constituency work
Travel
Daily attendance
Office expenses
Other legislative responsibilities

The exact categories and amounts depend on State law.

7. No Uniform Salary Across States

There is no single constitutional salary applicable to every State legislator.

Different States may prescribe different:

Salaries
Allowances
Reimbursements
Facilities
Other benefits

Therefore:

State legislator's salary ≠ Uniform across India

8. State Legislature's Legislative Power

The power to determine salaries and allowances is an example of the State Legislature regulating matters connected with its own members.

However, this power must be exercised:

By law

and within the constitutional framework.

9. Salaries and Allowances of Presiding Officers

The salaries and allowances of:

Speaker
Deputy Speaker
Chairman
Deputy Chairman

are dealt with separately under:

Article 186

Article 186 applies to the presiding officers of the State Legislature.

Therefore:

Article 195 → Members

Article 186 → Presiding Officers

This distinction is important for UPSC.

10. Presiding Officers — Constitutional Framework

Article 186 covers:

Speaker of Legislative Assembly
Deputy Speaker of Legislative Assembly
Chairman of Legislative Council
Deputy Chairman of Legislative Council

Their salaries and allowances are determined by:

State Legislature by law

subject to the constitutional framework.

11. Comparison with Members of Parliament

Do not confuse Article 195 with the corresponding provision for Parliament.

State Legislators

Article 195

Members of Parliament

Article 106

Therefore:

Article 106 → Parliament
Article 195 → State Legislature
12. Salaries of Ministers vs Legislators

The salary of a State legislator is different from the salary of a:

State Minister

The constitutional framework for State Ministers is primarily under:

Article 164

The State Legislature determines ministers' salaries and allowances by law, subject to constitutional limitations.

Therefore:

Legislator → Article 195

Minister → Article 164

13. Salaries and Allowances — Constitutional Principle

The constitutional approach provides flexibility to States.

This allows each State to consider:

Local economic conditions
Cost of living
Legislative responsibilities
Administrative requirements
State finances

However, financial benefits should be determined through:

Legislative authority and law

14. Importance of Allowances

Allowances are intended to help legislators meet expenses associated with performing public and legislative responsibilities.

Depending on State law, these may support:

Travel
Accommodation
Constituency activities
Official communication
Legislative attendance
Other authorised expenses

The exact benefits vary between States.

15. No Constitutional Uniformity

The Constitution does not establish:

One uniform salary
One uniform allowance
One uniform reimbursement structure

for all State Legislators.

Instead:

State Legislature → State-specific framework

16. Legislative Accountability

Since salaries and allowances are determined through legislation, the process is subject to the broader principles of:

Legislative accountability
Public scrutiny
Financial responsibility
Constitutional governance

The objective should be to balance:

Fair remuneration

with:

Responsible use of public funds

17. UPSC Prelims Facts
Article 195 deals with salaries and allowances of State Legislators.
It applies to members of the Legislative Assembly and Legislative Council.
The State Legislature determines salaries and allowances by law.
There is no uniform constitutional salary for State Legislators across India.
Salaries and allowances can differ from State to State.
Article 195 should not be confused with Article 106.
Article 106 deals with salaries and allowances of Members of Parliament.
Article 186 deals with salaries and allowances of State Legislature's presiding officers.
Article 195 is concerned with members of State Legislatures.
The Constitution originally provided an interim arrangement involving the Second Schedule until State legislation determined the amounts.
18. UPSC Prelims Traps
Trap 1

"Parliament determines the salaries of State Legislators."

False

The State Legislature determines them by law.

Trap 2

"The Constitution fixes one salary for all State Legislators."

False

States determine salaries and allowances through legislation.

Trap 3

"Article 195 deals with salaries of Members of Parliament."

False

Article 195 deals with State Legislators.

Article 106 deals with Members of Parliament.

Trap 4

"Article 195 covers the Speaker's salary."

False

Salaries and allowances of the Speaker, Deputy Speaker, Chairman and Deputy Chairman are dealt with under Article 186.

Trap 5

"Only Legislative Assembly members are covered by Article 195."

False

In a bicameral State, Article 195 applies to members of both Houses.

Trap 6

"Allowances are constitutionally identical in every State."

False

The State Legislature determines the applicable framework.

19. Easy Memory Trick
Article Numbers
106 → MPs' Salaries
164 → State Ministers
186 → Presiding Officers
195 → State Legislators

Remember:

195 → Members of State Legislature

20. Quick Revision
STATE LEGISLATORS
       ↓
Article 195
       ↓
State Legislature
       ↓
Makes Law
       ↓
Salary + Allowances
       ↓
State-Specific Amounts

For presiding officers:

Speaker
Deputy Speaker
Chairman
Deputy Chairman
       ↓
Article 186
21. Mains Perspective

The constitutional arrangement under Article 195 seeks to provide State Legislatures with flexibility in determining the remuneration of their members.

Adequate remuneration can help legislators:

Perform legislative duties effectively
Meet constituency-related expenses
Participate regularly in legislative work
Maintain independence in public office

However, the determination of salaries and allowances should also reflect:

Fiscal responsibility
Transparency
Public accountability
Reasonable expenditure of public funds

Thus, the issue involves balancing:

Effective Representation

with:

Responsible Public Expenditure

22. Reform Perspective

The system of salaries and allowances can be strengthened through:

Transparency

All salary and allowance structures should be publicly accessible.

Rationalisation

Benefits should correspond to genuine legislative responsibilities.

Periodic Review

Remuneration may be reviewed periodically based on objective criteria.

Fiscal Responsibility

Increases should consider the financial position of the State.

Clear Separation

Salary, allowance and reimbursement should be clearly distinguished.

23. Conclusion

Article 195 provides the constitutional framework for salaries and allowances of State Legislators.

The key points are:

Article 195 → State Legislators

State Legislature → Determines by law

Assembly + Council → Covered

No uniform salary → State-specific framework

For comparison:

Article 106 → Members of Parliament

Article 186 → Presiding Officers of State Legislature

Thus, the constitutional system provides States with flexibility while requiring salaries and allowances to be determined through the legislative process.