Article 106 of the Costitution of India with Case law
Article 106 of the Constitution of India
Title: Salaries and allowances of members
Bare Text of Article 106:
"Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law, and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule."
Explanation:
Article 106 empowers Parliament to decide the salaries and allowances of its members (i.e., Members of Lok Sabha and Rajya Sabha). Until such laws are made, members are to be paid according to the Second Schedule of the Constitution.
Key points:
Parliament has the authority to revise the pay.
This Article aims to maintain independence and dignity of the legislature.
This Article parallels Article 195 for State Legislatures.
Important Case Law on Article 106:
1. Jaswant Singh v. Union of India, AIR 1954 SC 630
Issue: Whether the Parliament has the exclusive power to fix salaries and allowances.
Held: The Supreme Court upheld that the Parliament indeed has such power and the Second Schedule applies only until Parliament enacts a law. This reinforces the supremacy of legislative will in determining compensation.
2. Common Cause v. Union of India, (1999) 6 SCC 667
Issue: Abuse of public funds through excessive allowances or pensions.
Held: The Court emphasized the principle of accountability and stated that Parliamentarians must not abuse their powers. Even if Parliament has the authority under Article 106, it must act reasonably and in public interest.
3. K.C. Chandy v. R. Balakrishna Pillai, AIR 1986 Ker 116
Although related to Article 195 (State Legislators), this case reiterates that salaries and allowances are not rights in perpetuity, and they can be altered or revoked by law.
Laws Made Under Article 106:
The Salary, Allowances and Pension of Members of Parliament Act, 1954
This is the principal law under Article 106.
It has been amended multiple times.
Covers salaries, daily allowances, travel facilities, medical, and pensions.
Conclusion:
Article 106 ensures that legislators are compensated, allowing them to function independently without financial pressures, but the actual structure and amount is subject to law made by Parliament. Courts have upheld this power but also emphasized responsibility and public accountability.
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