Article 186

Article 186 of the Constitution of India establishes the constitutional framework governing the remuneration of key presiding officers in the State Legislature, namely the Speaker and Deputy Speaker of the Legislative Assembly, and the Chairman and Deputy Chairman of the Legislative Council. The provision ensures that the determination of salaries and allowances for these offices remains under legislative control, thereby maintaining the autonomy and financial independence of the State Legislature.

Background and Purpose

The roles of the Speaker, Deputy Speaker, Chairman, and Deputy Chairman are central to the functioning of the State Legislature. They are responsible for maintaining order, ensuring discipline, and facilitating debates within their respective Houses. Given the importance and neutrality of these positions, the Constitution guarantees appropriate remuneration and privileges, ensuring that these office-bearers can perform their duties independently and without undue influence.
Article 186 provides a legal mechanism for determining their salaries and allowances through legislative action by the State Legislature. It also incorporates a constitutional fallback provision through the Second Schedule to ensure continuity even in the absence of a specific state law.

Constitutional Provision and its Components

1. Determination by the State LegislatureThe principal clause of Article 186 empowers each State Legislature to decide, by law, the salaries and allowances payable to its presiding officers — the Speaker, Deputy Speaker, Chairman, and Deputy Chairman. This legislative discretion ensures that each state can tailor remuneration in accordance with its financial capacity and administrative needs.
Such delegation of authority reflects the federal nature of the Indian Constitution, where states enjoy autonomy in managing their internal legislative affairs within the constitutional framework.
2. Application of the Second ScheduleIn cases where the State Legislature has not enacted a law specifying such remuneration, Article 186 mandates that the salaries and allowances shall be those prescribed in the Second Schedule of the Constitution.
The Second Schedule serves as a constitutional reference for the emoluments of various high offices, including the President, Governors, Judges, Comptroller and Auditor General, and legislative presiding officers. It ensures that even in the absence of state-specific legislation, office-holders receive a constitutionally guaranteed remuneration.

Legislative Authority and Autonomy

Article 186 places the responsibility for determining remuneration directly in the hands of elected representatives at the state level. This arrangement upholds the principle of legislative accountability and reinforces the self-governing capacity of State Legislatures. It prevents executive overreach in matters concerning legislative finances and preserves the dignity of legislative offices by subjecting their remuneration only to legislative sanction.
The law-making process for determining salaries and allowances follows standard legislative procedure, involving introduction, debate, and passage by the State Legislature. Once enacted, such laws can also be amended from time to time to reflect inflation, changing administrative needs, or fiscal conditions.

Connection with Related Constitutional Articles

• Article 85: Concerns the summoning and prorogation of the Houses of the Legislature, indirectly affecting when presiding officers carry out their duties and thus relate to their official responsibilities.
• Article 187: Deals with the secretarial staff and conduct of business in the Legislature, linking the administrative framework supporting the presiding officers.
• Article 148: Pertains to the Comptroller and Auditor General, another constitutional office with remuneration governed by the Second Schedule, thereby providing a comparative reference.
• Article 75: Addresses the salaries of the Prime Minister and Council of Ministers at the Union level, forming part of the broader constitutional pattern of regulating remuneration for key constitutional functionaries.

Judicial Perspective and Interpretations

Although there have been no landmark judicial pronouncements directly interpreting Article 186, several broader constitutional cases have clarified the scope of legislative powers in financial matters. In the Keshavananda Bharati v. State of Kerala (1973) case, the Supreme Court upheld the principle of legislative autonomy within the boundaries of the Constitution’s basic structure. This case indirectly supports the idea that the power granted under Article 186 is an essential aspect of legislative independence.
Courts have also recognised that the determination of salaries and allowances is a legislative, not judicial, function, and must adhere to constitutional and statutory limits while avoiding arbitrariness or excessive privilege.

Significance and Implications

Ensuring Independence of Legislative OfficersBy allowing legislatures to determine remuneration through law, Article 186 ensures that presiding officers are financially independent from the executive branch. This helps preserve their impartiality in conducting legislative proceedings.
Democratic AccountabilitySince any change in remuneration must be made by the legislature through a formal law, the process remains transparent and subject to public debate. This democratic oversight prevents misuse of authority and ensures that public funds are spent responsibly.
Flexibility and State-Specific AdaptationEach state can determine suitable levels of compensation based on its fiscal health and socio-economic priorities. This flexibility allows for equitable resource management while maintaining uniform constitutional standards through the Second Schedule.
Administrative EfficiencyThe provision guarantees continuity in governance. Even if a state has not enacted a specific law, the Second Schedule ensures that presiding officers are duly compensated, thereby preventing administrative disruptions.

Practical Implementation

In practice, most Indian states have enacted specific laws or rules determining the salaries and allowances of their legislative presiding officers. These laws are periodically revised to account for inflation and changing administrative responsibilities. For instance, state legislatures like those of Maharashtra, Tamil Nadu, and Karnataka have enacted laws under Article 186 to regulate such payments.
Implementation is managed by the respective finance departments of the state government, in coordination with the legislative secretariat. Any proposed amendment or revision in pay or allowances must follow due legislative procedure, ensuring transparency and accountability.

Broader Constitutional Perspective

Article 186 must be read alongside the broader scheme of financial autonomy envisaged for legislative bodies in India. By granting the power to the State Legislature, the Constitution upholds the principle of separation of powers, ensuring that the executive cannot influence the financial independence of legislative officers.The provision reflects the framers’ understanding that adequate remuneration is essential to maintain the dignity, independence, and efficiency of high constitutional offices. It forms part of a constitutional design aimed at ensuring that the legislative machinery operates without financial dependency or administrative subordination.