Article 97 of the Constitution of India deals with the salaries and allowances payable to the presiding officers of Parliament. It covers the Chairman and Deputy Chairman of the Council of States (Rajya Sabha) and the Speaker and Deputy Speaker of the House of the People (Lok Sabha).
- Meaning of Article 97
- Constitutional Provision
- Who is Covered by Article 97?
- Parliament’s Power to Fix Salaries and Allowances
- Role of the Second Schedule
- Article 97 and the Second Schedule
- Salaries and Allowances
- Article 97 and Other Constitutional Provisions
- Important Distinctions
- Common Confusions
- Article at a Glance
- Quick Revision
- Conclusion
The provision establishes that their salaries and allowances are determined by Parliament by law and, until Parliament makes such a law, are governed by the Second Schedule to the Constitution.
Meaning of Article 97
Article 97 ensures that the constitutional presiding officers of both Houses of Parliament have a legally determined entitlement to salaries and allowances.
The Article covers four offices:
| Office | House |
|---|---|
| Chairman | Council of States (Rajya Sabha) |
| Deputy Chairman | Council of States (Rajya Sabha) |
| Speaker | House of the People (Lok Sabha) |
| Deputy Speaker | House of the People (Lok Sabha) |
The provision operates in two stages:
- Parliament may determine their salaries and allowances by law.
- Until Parliament makes such a law, the amounts specified in the Second Schedule apply.
Constitutional Provision
Article 97 provides that the salaries and allowances of the Chairman and Deputy Chairman of the Council of States and the Speaker and Deputy Speaker of the House of the People shall be such as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, shall be as specified in the Second Schedule.
The Article therefore contains both a permanent legislative mechanism and a constitutional default mechanism.
Who is Covered by Article 97?
Article 97 applies to the presiding officers of both Houses of Parliament.
Chairman of the Rajya Sabha
The Vice-President of India is the ex officio Chairman of the Council of States under Article 64 and presides over the Rajya Sabha.
Article 97 includes the Chairman within its salary and allowance framework.
Deputy Chairman of the Rajya Sabha
The Deputy Chairman is elected by the Council of States under Article 90 and performs the functions of the Chairman when required under the Constitution.
The Deputy Chairman’s salary and allowances are covered by Article 97.
Speaker of the Lok Sabha
The Speaker is elected by the House of the People under Article 93.
The Speaker’s salary and allowances fall within Article 97.
Deputy Speaker of the Lok Sabha
The Deputy Speaker is also elected by the House of the People under Article 93.
The Deputy Speaker’s salary and allowances are similarly governed by Article 97.
Parliament’s Power to Fix Salaries and Allowances
The primary rule under Article 97 is that Parliament may determine the salaries and allowances of these presiding officers by law.
This means that the Constitution does not permanently lock their salaries and allowances to a particular amount.
Parliament has legislative authority to determine the applicable amounts.
The expression “by law” is significant because the determination is made through legislation rather than merely through an administrative decision.
Role of the Second Schedule
The Constitution also provides a transitional or default arrangement.
Until Parliament makes a law determining the salaries and allowances, the amounts specified in the Second Schedule apply.
Therefore, Article 97 prevents a situation in which the presiding officers would lack a constitutional basis for receiving their salaries and allowances merely because Parliament has not yet enacted the relevant law.
The Second Schedule consequently operates as the constitutional fallback provision.
Article 97 and the Second Schedule
The relationship can be understood as follows:
| Situation | Applicable provision |
|---|---|
| Parliament has enacted a law fixing salaries and allowances | The parliamentary law applies |
| Parliament has not made such provision | The Second Schedule applies |
| Constitutional basis | Article 97 |
Thus, Article 97 itself establishes the framework, while the Second Schedule supplies the default amounts until Parliament legislates on the matter.
Salaries and Allowances
Article 97 refers to both salaries and allowances.
A salary is the regular remuneration attached to the office.
Allowances are additional payments or benefits provided in connection with the office and its functions.
The constitutional provision therefore covers more than merely the basic salary of the presiding officer.
Article 97 and Other Constitutional Provisions
Article 97 should be read together with the constitutional provisions establishing the relevant offices.
Article 64
Article 64 provides that the Vice-President shall be ex officio Chairman of the Council of States.
This explains why the Chairman of the Rajya Sabha is constitutionally distinct from the Speaker of the Lok Sabha.
Article 89
Article 89 provides for the Chairman and Deputy Chairman of the Council of States.
The Vice-President is the ex officio Chairman, while the Council elects a Deputy Chairman.
Article 97 deals with their salaries and allowances.
Article 93
Article 93 provides for the Speaker and Deputy Speaker of the House of the People.
The House elects both officers from among its members.
Their salaries and allowances are dealt with by Article 97.
Article 94
Article 94 concerns vacation, resignation and removal from the offices of Speaker and Deputy Speaker.
It deals with the tenure and cessation of those offices, whereas Article 97 deals with their salaries and allowances.
Article 95
Article 95 deals with the power of the Deputy Speaker or another person to perform the duties of the Speaker in specified circumstances.
Article 97, by contrast, concerns financial entitlements attached to the offices.
Article 96
Article 96 prevents the Speaker or Deputy Speaker from presiding during proceedings concerning a resolution for their removal.
Article 97 is concerned with a different subject: salaries and allowances.
Important Distinctions
Salary vs allowance
Article 97 expressly covers both salaries and allowances. They are not constitutionally identical concepts, even though both form part of the financial entitlements associated with the office.
Constitutional entitlement vs amount fixed by law
Article 97 establishes the constitutional framework for these payments, but Parliament is empowered to determine the applicable amounts by law.
Article 97 vs Second Schedule
Article 97 provides the mechanism through which salaries and allowances are determined.
The Second Schedule provides the applicable constitutional amounts until Parliament makes the relevant provision by law.
Common Confusions
Does Article 97 itself permanently fix the salary of the Speaker?
No.
Article 97 provides that Parliament may fix the salary and allowances by law. Until such provision is made, the Second Schedule applies.
Does Article 97 apply only to the Speaker?
No.
It applies to four presiding offices:
- Chairman of the Council of States;
- Deputy Chairman of the Council of States;
- Speaker of the House of the People; and
- Deputy Speaker of the House of the People.
Is the Vice-President covered by Article 97?
Yes, in the capacity of Chairman of the Council of States.
The Vice-President is ex officio Chairman of the Rajya Sabha under Article 64.
Does Article 97 deal with removal from office?
No.
Removal and other forms of vacation of office are dealt with by separate constitutional provisions, such as Article 94 for the Speaker and Deputy Speaker.
What happens if Parliament has not fixed the salaries and allowances by law?
The amounts specified in the Second Schedule apply until Parliament makes the relevant provision.
Article at a Glance
| Point | Position |
|---|---|
| Article | Article 97 |
| Subject | Salaries and allowances of presiding officers |
| Rajya Sabha offices covered | Chairman and Deputy Chairman |
| Lok Sabha offices covered | Speaker and Deputy Speaker |
| Authority to fix by law | Parliament |
| Default provision | Second Schedule |
| Nature of provision | Financial entitlement attached to specified constitutional offices |
| Related provisions | Articles 64, 89, 93, 94, 95 and 96 |
Quick Revision
- Article 97 deals with salaries and allowances of specified presiding officers of Parliament.
- It covers the Chairman and Deputy Chairman of the Rajya Sabha.
- It also covers the Speaker and Deputy Speaker of the Lok Sabha.
- Parliament may fix their salaries and allowances by law.
- Until Parliament makes such provision, the Second Schedule applies.
- The Article does not deal with election, tenure, removal or functions of these officers.
- Article 89 relates to the Chairman and Deputy Chairman of the Council of States.
- Article 93 provides for the Speaker and Deputy Speaker of the House of the People.
- Article 97 should not be confused with Article 100, which deals with voting in Parliament.
- The provision ensures a constitutional basis for the financial entitlements attached to these parliamentary offices.
Conclusion
Article 97 provides the constitutional framework for the salaries and allowances of the principal presiding officers of both Houses of Parliament. It gives Parliament the power to determine these financial entitlements by law while ensuring that the Second Schedule operates as the default arrangement until such legislation is made. The provision therefore combines legislative flexibility with a constitutional safeguard for the remuneration of these offices.
