Article 195 Simplified: Salaries and allowances of members

Official Text

Members of the Legislative Assembly and the Legislative Council of a State shall be entitled to receive such salaries and allowances as may from time to time be determined, by the Legislature of the State by law and, until provision in that respect is so made, salaries and allowances at such rates and upon such conditions as were immediately before the commencement of this Constitution applicable in the case of members of the Legislative Assembly of the corresponding Province.

Simple Meaning

Article 195 is the 'Pay Rule' for State legislators. All MLAs and MLCs are entitled to salaries and allowances as determined by the State Legislature through a law. Until the State makes such a law, members receive salaries at the same rates that applied to the old Provincial Assembly members before the Constitution commenced. This ensures legislators are paid fairly, enabling them to work independently without financial dependence on the government.

Explain Like Ten

MLAs need to be paid so they can do their job without depending on anyone for money. Article 195 says the State Legislature itself decides how much to pay its members by passing a law. Until such a law exists, the old pre-Constitution salary rates automatically apply. This financial independence is important so that MLAs don't have to be 'yes men' just to get paid.

Student Mode

Article 195 mirrors Article 106 (salaries of MPs). The key feature is that salaries are determined by the State Legislature itself—not by the executive branch. This prevents the government from using salary control to discipline or reward MLAs. Until a state makes its own salary law, the rates applicable to members of the corresponding old Provincial Assembly under British India apply.

Example

In a newly formed state, if there is no law yet specifying MLA salaries, the old provincial rates automatically apply under Article 195 until the State Legislature passes a fresh Salary Act. Once the legislature passes that Act, the new rates kick in. Each state thus determines its own MLA pay scale through legislation.

Key Takeaway

Article 195 guarantees State legislators a salary fixed by law, providing financial independence and stability.

FAQs

Who decides how much an MLA is paid?

The State Legislature itself decides, by passing a law. The executive (government) does not set MLA pay. Each state has its own legislative pay legislation.

What happens if a new state is formed and there is no salary law yet?

The salary rates that applied to members of the corresponding old Provincial Assembly before the Constitution automatically apply until the new state's legislature passes its own salary law.

Quiz

Who has the authority to fix salaries and allowances for State MLAs under Article 195?

Answer: The State Legislature by law

Article 195 is the state-level equivalent of which article for Members of Parliament?

Answer: Article 106

Related Topics

• Article 194
• Article 196