186. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.—There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed by the Legislature of the State by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.
Genesis and Growth
Section 65(4) of the Government of India Act, 1935, provided as follows:
“65. Officers of Chambers.—(4) There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly such salaries as may be respectively fixed by Act of the Provincial Legislature, and, until provision in that behalf is so made, such salaries as the Governor may determine.”
The Constitutional Adviser in his first Draft Constitution (October, 1947) vide clause 137(4) reproduced the above provision. The Drafting Committee vide article 163 of their Draft Constitution (February, 1948) also reproduced the above provision only making it equally applicable to the offices of the Chairman and the Deputy Chairman of the Legislative Council and the Speaker and the Deputy Speaker of the Legislative Assembly. Draft article 163 read as follows:
“163. Salaries and allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.—There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly and to the Chairman and the Deputy Chairman of the Legislative Council such salaries and allowances as may be respectively fixed by the Legislature of the State by law, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule.”
When draft article 163 came up for discussion before the Constituent Assembly on 2 June, 1949, no amendments were proposed and it was adopted without any discussion.1 At the revision stage, the draft article was renumbered and it became article 186 of the Constitution of India.
Judicial Interpretation
It cannot be urged that what has not been provided by articles 186 and 195 must be deemed to have been expressly excluded.
Analysis and Comment
Article 186 corresponds to article 97 of the Constitution which lays down the salaries etc. of the Chairman and Deputy Chairman of Rajya Sabha and the Speaker and the Deputy Speaker of Lok Sabha.
