Answer By law4u team
Constitution of India Article 195: Salaries and Allowances of Members
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.
Brief Detail
Article 195 states that the salaries and allowances of the members of the State Legislature (both Legislative Assembly and Legislative Council) are to be determined by the respective State Legislature through law. If no such law is passed, the salaries and allowances will continue at the rates applicable before the commencement of the Indian Constitution, which were applicable to the members of the Legislative Assembly of the corresponding Province.
Question & Answers
How are the salaries and allowances of State Legislature members determined?
The salaries and allowances of the members of the Legislative Assembly and the Legislative Council of a State are decided by the Legislature of the State through law. If no law is enacted, the provisions that existed immediately before the Constitution's commencement will apply.
What happens if no law is made regarding the salaries and allowances of members?
If the State Legislature does not pass any law regarding the salaries and allowances, the rates and conditions that were in place before the Constitution's commencement for the Legislative Assembly members of the respective Province will continue to apply.
Example
For example, if a State's Legislature has not yet passed a law specifying salaries for its Legislative Assembly members, the salaries and allowances that were applicable to members of the Legislative Assembly before the Constitution came into force would remain in effect until new provisions are made.
Summary
Article 195 ensures that members of the Legislative Assembly and the Legislative Council in a State are entitled to receive salaries and allowances, which are either determined by the State Legislature or, if no such law is passed, at the rates applicable prior to the commencement of the Constitution.
