Article 106 of the Constitution of India deals with the salaries and allowances payable to members of Parliament. It empowers Parliament to determine these financial entitlements by law and provides a constitutional default mechanism until such legislation is made.
- Meaning of Article 106
- Constitutional Provision
- Who is Covered by Article 106?
- Parliament’s Power to Determine Salaries
- Role of the Second Schedule
- Article 106 and the Second Schedule
- Article 106 vs Article 97
- Article 106 and Parliamentary Independence
- Important Distinctions
- Common Confusions
- Relationship with Related Articles
- Article at a Glance
- Quick Revision
- Conclusion
The provision applies to members of both Houses of Parliament and ensures that their remuneration has a constitutional and legislative basis.
Meaning of Article 106
Article 106 provides that members of either House of Parliament are entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law.
Until Parliament makes such provision, members are entitled to the salaries and allowances specified in the Second Schedule.
The Article therefore creates a two-stage framework:
Parliamentary legislation → primary method of determining salaries and allowances
Second Schedule → constitutional default until Parliament legislates
Constitutional Provision
Article 106 provides that 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, salaries and allowances shall be as specified in the Second Schedule.
The expression “from time to time” is significant. Parliament can alter the salaries and allowances through subsequent legislation rather than being permanently bound to a particular amount.
Who is Covered by Article 106?
Article 106 applies to members of either House of Parliament.
This includes:
| House | Members covered |
|---|---|
| Lok Sabha | Members of the House of the People |
| Rajya Sabha | Members of the Council of States |
The provision concerns ordinary members of Parliament and should be distinguished from Article 97, which deals with the salaries and allowances of specified presiding officers.
Parliament’s Power to Determine Salaries
The primary constitutional rule is that Parliament may determine members’ salaries and allowances by law.
The power is not limited to fixing the amounts once.
Because Article 106 uses the words “from time to time”, Parliament may revise the applicable salaries and allowances through legislation.
Therefore, Article 106 provides legislative flexibility in determining parliamentary remuneration.
Role of the Second Schedule
The Second Schedule operates as the constitutional fallback provision.
Until Parliament makes the relevant provision by law, the salaries and allowances specified in the Second Schedule apply.
This prevents a situation in which members would lack a constitutional basis for receiving salaries and allowances merely because Parliament has not enacted the relevant legislation.
The Second Schedule therefore performs a default or transitional role under Article 106.
Article 106 and the Second Schedule
The relationship between Article 106 and the Second Schedule can be understood as follows:
| Situation | Applicable rule |
|---|---|
| Parliament has enacted a law determining salaries and allowances | Parliamentary law applies |
| Parliament has not made such provision | Second Schedule applies |
| Parliament later changes the law | The revised parliamentary law applies |
The Second Schedule is therefore not necessarily the permanent source of the applicable amounts. It operates until Parliament makes provision by law.
Article 106 vs Article 97
Article 97 and Article 106 both deal with salaries and allowances, but they concern different categories of persons.
| Provision | Persons covered |
|---|---|
| Article 97 | Chairman and Deputy Chairman of Rajya Sabha; Speaker and Deputy Speaker of Lok Sabha |
| Article 106 | Members of either House of Parliament |
This distinction is important because the constitutional provisions use separate legislative frameworks for the presiding officers and ordinary members.
Article 106 and Parliamentary Independence
Article 106 provides a constitutional foundation for the financial remuneration of Members of Parliament.
Members perform legislative and representative functions as part of the constitutional structure of Parliament. Providing a legally determined system of salaries and allowances supports the institutional functioning of Parliament.
The Article, however, does not itself determine the current monetary amount payable to members. The applicable amount depends upon the law made by Parliament.
Important Distinctions
Salary vs allowance
Article 106 expressly refers to both salaries and allowances.
A salary is the remuneration attached to parliamentary membership, while allowances are additional financial entitlements provided under the applicable legal framework.
Member vs presiding officer
Article 106 applies to members of Parliament generally.
The financial entitlements of the Chairman, Deputy Chairman, Speaker and Deputy Speaker are dealt with separately under Article 97.
Constitutional provision vs parliamentary legislation
Article 106 establishes the constitutional framework.
Parliament determines the actual salaries and allowances by law.
Thus, the Constitution gives Parliament legislative authority rather than permanently fixing the amounts in the constitutional text.
Second Schedule vs current parliamentary law
The Second Schedule provides the default constitutional amounts only until Parliament makes provision by law.
Once Parliament legislates on the matter, the applicable parliamentary law governs.
Common Confusions
Does Article 106 itself fix the current salary of an MP?
No.
Article 106 provides that Parliament may determine salaries and allowances by law. The Constitution itself does not permanently fix the current amount.
Can Parliament change the salaries and allowances of MPs?
Yes.
The phrase “from time to time” expressly permits Parliament to determine and revise the financial entitlements by law.
What happens if Parliament has not made a law?
The salaries and allowances specified in the Second Schedule apply until Parliament makes such provision.
Does Article 106 apply to the Speaker?
The Speaker is a member of the Lok Sabha, but the Constitution separately addresses the salaries and allowances of the Speaker and other specified presiding officers in Article 97.
Does Article 106 apply to both Lok Sabha and Rajya Sabha members?
Yes.
It applies to members of either House of Parliament.
Is Article 106 about parliamentary privileges?
No.
Article 105 deals with the powers, privileges and immunities of Parliament and its members. Article 106 deals specifically with salaries and allowances.
Relationship with Related Articles
Article 97 – Salaries and allowances of presiding officers
Article 97 deals with the salaries and allowances of:
- Chairman of the Rajya Sabha;
- Deputy Chairman of the Rajya Sabha;
- Speaker of the Lok Sabha; and
- Deputy Speaker of the Lok Sabha.
Article 106 deals with members of Parliament generally.
Article 105 – Parliamentary privileges
Article 105 concerns the powers, privileges and immunities of Parliament, its members and committees.
Article 106 concerns financial remuneration.
The two provisions address different aspects of parliamentary membership.
Article 84 – Qualification for membership
Article 84 provides the constitutional qualifications for membership of Parliament.
Article 106 applies to persons who are members and concerns their salaries and allowances.
Article 101 – Vacation of seats
Article 101 concerns circumstances in which parliamentary seats become vacant.
Article 106 is concerned with financial entitlements of members and does not regulate the vacation of seats.
Article at a Glance
| Point | Position |
|---|---|
| Article | Article 106 |
| Subject | Salaries and allowances of members of Parliament |
| Persons covered | Members of either House |
| Houses covered | Lok Sabha and Rajya Sabha |
| Authority to determine | Parliament by law |
| Frequency | “From time to time” |
| Default provision | Second Schedule |
| Presiding officers | Separately covered by Article 97 |
| Parliamentary privileges | Separately covered by Article 105 |
Quick Revision
- Article 106 deals with salaries and allowances of Members of Parliament.
- It applies to members of both Lok Sabha and Rajya Sabha.
- Parliament determines salaries and allowances by law.
- The expression “from time to time” permits Parliament to revise them.
- Until Parliament makes provision by law, the Second Schedule applies.
- Article 106 does not permanently fix the current monetary amount of an MP’s salary.
- Article 97 deals separately with the salaries and allowances of the principal presiding officers.
- Article 105 deals with parliamentary powers, privileges and immunities.
- Article 106 concerns financial remuneration, not parliamentary privilege or disqualification.
Conclusion
Article 106 establishes the constitutional framework for the salaries and allowances of Members of Parliament. It gives Parliament the authority to determine and revise these financial entitlements by law while providing the Second Schedule as the constitutional default until such legislation is made. The provision therefore combines constitutional recognition of members’ remuneration with legislative flexibility.
