Salaries and allowances of members

Article 170, Draft Constitution 1948

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, allowances at such rates and upon such conditions as were immediately before the date of commencement of this Constitution applicable in the case of members of the Provincial Legislative Assembly for that State.

Article 195, Constitution of India 1950

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.

Draft Article 170 (Article 195) was debated on 3 June 1949. It enabled the State Legislature to regulate the salaries and allowances of its members.

One member proposed the following amendment: ‘That in article 170, after the words ‘so made’ the words ‘salaries and’ be inserted.’ He noted that the word ‘salaries’ had been inadvertently omitted from the provision. Due to this omission, members would receive only their allowances at the rates applicable to members of the State Provincial Legislative Assembly until the State Legislature provided for allowances by law; they would not be entitled to any salaries. The amendment was accepted without debate.

The amended Draft Article was adopted on 3 June 1949.