Article 97

Article 97 of the Constitution of India provides for the remuneration, salaries, and allowances of key parliamentary officials — 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). It ensures that the financial entitlements of these presiding officers are determined by Parliament through legislation, thereby maintaining transparency and consistency in the remuneration structure of the nation’s highest legislative offices.

Constitutional Framework and Purpose

Article 97 forms part of Part V (The Union), Chapter II (The Parliament) of the Constitution. It deals specifically with the financial aspects of the offices that preside over the functioning of Parliament.
The Article ensures that the holders of these constitutional offices — who play crucial roles in the conduct of legislative business, maintaining decorum, and upholding parliamentary privileges — receive appropriate financial compensation.
This provision reflects the principles of accountability, dignity of office, and independence of the presiding officers, allowing them to perform their duties without financial dependence on the executive.

Text and Scope of Article 97

Article 97 states:

“There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that respect is so made, such salaries and allowances as are specified in the Second Schedule.”

This single, concise clause provides the constitutional basis for determining and revising the remuneration of the presiding officers of both Houses of Parliament.

Key Elements of Article 97

1. Positions Covered:Article 97 applies to four key parliamentary functionaries:
   • The Chairman of the Rajya Sabha (Vice-President of India)
   • The Deputy Chairman of the Rajya Sabha
   • The Speaker of the Lok Sabha
   • The Deputy Speaker of the Lok Sabha

   These officials occupy vital positions in the constitutional machinery of Parliament, responsible for maintaining order, interpreting rules, and representing the authority of their respective Houses.

2. Legislative Determination of Salaries and Allowances:
   • Parliament has the exclusive authority to fix and revise the salaries and allowances of these officials through legislation.
   • This ensures that the process remains within the legislative domain, aligning with the principle of parliamentary sovereignty over its internal matters.
3. Second Schedule Reference:
   • Until Parliament enacts laws specifying salaries and allowances, the officials receive remuneration as prescribed in the Second Schedule of the Constitution.
   • The Second Schedule outlines initial salary structures for constitutional functionaries, including the President, Vice-President, Governors, judges, and presiding officers of Parliament.
4. Dynamic Nature of Remuneration:
   • Parliament may periodically review and revise these amounts through amendments or fresh legislation to reflect changing economic and administrative conditions.

This structure ensures flexibility and allows Parliament to respond to evolving public service standards and financial realities.

Legislative Authority and Implementation

Parliament exercises its powers under Article 97 through specific enactments such as:

• The Salary, Allowances and Pension of Members of Parliament Act, 1954
• The Salary and Allowances of Officers of Parliament Act, 1953
• The Vice-President’s Pension Act, 1997, and related amendments.

These laws collectively determine:

• Monthly salaries
• Daily allowances for attending sessions
• Travel and housing entitlements
• Pension benefits after retirement

Through these legislative instruments, Parliament ensures that the offices of the Speaker, Deputy Speaker, Chairman, and Deputy Chairman are financially autonomous and adequately compensated.

Rationale Behind Article 97

The inclusion of Article 97 serves multiple constitutional purposes:

• Institutional Independence: By providing a separate mechanism for determining remuneration, it prevents executive interference in the financial affairs of the presiding officers.
• Parliamentary Sovereignty: Entrusting Parliament with the authority reinforces the principle that legislative offices are accountable to the legislature, not the executive.
• Transparency and Accountability: Salaries and allowances are determined through open legislative processes, ensuring public scrutiny.
• Dignity of Office: Adequate compensation reflects the prestige and responsibility of the offices of Speaker, Deputy Speaker, Chairman, and Deputy Chairman.

In essence, Article 97 preserves the financial independence and constitutional status of these key positions.

Relationship with Other Constitutional Provisions

Article 97 operates in coordination with other provisions that define the structure and functioning of Parliament:

• Article 93: Deals with the election of the Speaker and Deputy Speaker.
• Article 89: Pertains to the Chairman and Deputy Chairman of the Rajya Sabha.
• Article 106: Concerns the salaries and allowances of Members of Parliament.
• Second Schedule: Specifies the initial salary framework for constitutional authorities, including those mentioned in Article 97.

Together, these provisions create a cohesive framework governing both the election and remuneration of parliamentary officers.

Historical Context

The framers of the Indian Constitution recognised that presiding officers of Parliament, akin to their British counterparts in the Westminster system, perform a critical constitutional function and should therefore be compensated independently of the executive branch.
During the Constituent Assembly Debates, Dr. B.R. Ambedkar emphasised the need for a self-regulating and financially independent legislature. Article 97 was introduced to ensure that the dignity of Parliament’s presiding officers would be maintained through fair and legally determined remuneration.
Initially, the amounts specified in the Second Schedule were modest, reflecting the economic conditions of the newly independent nation. Over time, Parliament has enacted revisions to align these compensations with modern standards of public administration.

Judicial Perspective and Interpretation

There have been no landmark Supreme Court cases directly interpreting Article 97. However, judicial discussions on related matters affirm key constitutional principles relevant to the Article:

• The financial independence of constitutional authorities is a fundamental aspect of the separation of powers.
• The authority of Parliament to determine its own procedures and internal affairs is well established under Articles 118 and 122.
• Judicial restraint applies to matters concerning legislative privileges and internal management, including salary determinations.

Thus, Article 97 operates largely without judicial interference, consistent with the doctrine of legislative autonomy.

Significance of Article 97

Article 97 carries enduring constitutional importance due to the following reasons:

1. Ensures Financial Autonomy: Presiding officers can discharge their duties independently, free from executive or financial pressure.
2. Reinforces Institutional Balance: It maintains parity with other high constitutional offices whose remuneration is similarly governed by law.
3. Reflects Parliamentary Supremacy: Empowers Parliament to manage its internal financial affairs.
4. Upholds Transparency: The legislative process for fixing salaries is open to public debate and scrutiny.
5. Facilitates Administrative Efficiency: Periodic revisions allow flexibility to adapt to inflation and changing administrative needs.

Contemporary Relevance

In present times, the salaries and allowances of the Speaker, Deputy Speaker, Chairman, and Deputy Chairman are periodically reviewed by Parliament, ensuring alignment with contemporary standards of public service.
Revisions typically take into account:

• Economic conditions and inflation
• The increasing workload and complexity of parliamentary responsibilities
• Comparisons with other constitutional offices such as the President, Governors, and judges

The financial independence guaranteed by Article 97 has thus contributed to the integrity, stability, and prestige of these high offices within India’s democratic framework.

Conclusion

Article 97 of the Indian Constitution ensures that the presiding officers of Parliament — the Chairman and Deputy Chairman of the Rajya Sabha and the Speaker and Deputy Speaker of the Lok Sabha — receive appropriate salaries and allowances as determined by Parliament through legislation. By referencing the Second Schedule and placing financial authority within the legislature, the Article upholds the autonomy, accountability, and dignity of these offices.