Constitutional Prescription related to Salaries

Sl. No.	Functionaries	Salary Determined by	Related Article
1	President	Parliament	59
2	Vice-President	No salary (Entitled to the salary of the Chairman of the Rajya Sabha)	64
3	Prime Minister	Parliament	75
4	Central Ministers	Parliament	75
5	Attorney-General of India	President	76
6	Chairman and Deputy Chairman of the Rajya Sabha	Parliament	97
7	Speaker and Deputy Speaker of the Lok Sabha	Parliament	97
8	Members of Parliament (Both Rajya Sabha and Lok Sabha)	Parliament	106
9	Judges of the Supreme Court	Parliament	125
10	Comptroller and Auditor-General of India	Parliament	148
11	Governor of a State	Parliament	158
12	Chief Minister	State Legislature	164
13	State Ministers	State Legislature	164
14	Advocate-General of a State	Governor	165
15	Speaker and Deputy Speaker of the State Legislative Assembly	State Legislature	186
16	Chairman and Deputy Chairman of the State Legislative Council	State Legislature	186
17	Members of the State Legislature (Both Assembly and Council)	State Legislature	195
18	Judges of the High Courts	Parliament	221
19	State Election Commissioner	Governor (subject to the law of the State Legislature)	243K
20	Chairman and Members of the UPSC	President	318
21	Chairman and Members of a SPSC	Governor	318
22	Chairman and Members of a JSPSC	President	318
23	Chief Election Commissioner and other Election Commissioners	President (subject to the law of Parliament)	324
24	Chairperson, Vice-Chairperson and Members of the National Commission for SCs	President (subject to the law of Parliament)	338
25	Chairperson, Vice-Chairperson and Members of the National Commission for STs	President (subject to the law of Parliament)	338A
26	Chairperson, Vice-Chairperson and Members of the National Commission for BCs	President (subject to the law of Parliament)	338B

Analytical Insights on Constitutional Salary Provisions

1. Salary is Not About Money — It’s About Independence

At first glance, salary seems like a financial matter.
But constitutionally, it is a tool of institutional protection.
Who determines your pay determines your freedom to act without fear or favour.

Hence, in constitutional design, salary = safeguard.

2. Three Distinct Patterns of Salary Determination

Across this table, we see three clear trends:

Determined By	Applies To	Underlying Principle
Parliament	Key national offices (President, Ministers, Judges, CAG, MPs, Governors)	National uniformity & accountability
State Legislature	State-level functionaries (CM, Ministers, Speakers, MLAs, MLCs)	Federal autonomy & democratic control
President / Governor	Independent or advisory constitutional bodies (AGI, UPSC, SPSC, EC, Commissions)	Executive implementation with functional independence

🧠 Insight:
The Constitution distributes salary-determining powers based on the nature of the office —

• political offices → legislature decides (democratic oversight)
• independent offices → executive head decides (to avoid political bargaining)

3. Parliamentary Determination — The Core Principle of National Accountability

Offices like the President, Prime Minister, Ministers, CAG, Supreme Court Judges, and MPs have salaries decided by Parliament.

Why Parliament? Because:

• It represents the collective will of the people,
• It ensures transparency, and
• It prevents executive overreach.

This reflects the Republican principle — no one, not even the Head of State, decides their own remuneration.

4. State-Level Autonomy in Salary Decisions

Similarly, the State Legislature decides salaries of:

• Chief Minister and Ministers (Art. 164),
• Speakers/Deputy Speakers of State Houses (Art. 186),
• Members of State Legislatures (Art. 195).

💡 Interpretation:
This reinforces federal autonomy — states control the pay of their own political class and legislative officers, maintaining self-governance.

But — note that Governors’ salaries are still determined by Parliament (Art. 158), not by the State Legislature.
👉 This preserves Union supremacy, as the Governor represents the Centre in the State.

5. Salary Determined by President — A Mark of Quasi-Independent Status

Several high constitutional authorities have their salaries determined by the President (or by him subject to law made by Parliament):

• Attorney General (Art. 76)
• UPSC, JSPSC Members (Art. 318)
• Election Commissioners (Art. 324)
• National Commissions for SCs/STs/BCs (Arts. 338–338B)

🧠 Constitutional Logic:
These offices must remain independent of both political and legislative influence, but still within the constitutional executive’s oversight.
Therefore, the President — as the constitutional head — acts as the neutral authority.

Salary determination by the President = functional independence within executive framework.

6. Governor and Advocate General: A Mixed Model of Dependence

• Governor’s salary → determined by Parliament (Art. 158)
  • Reflects his role as an agent of the Union, not the State.
• Advocate General’s remuneration → determined by Governor (Art. 165)
  • Reflects his role as a State functionary serving the government’s legal needs.

👉 Both demonstrate how salary sources define who they serve —
Governor serves the Centre,
Advocate General serves the State Executive.

7. Salaries “Subject to Law” — A Clause of Constitutional Flexibility

Several entries say “subject to the law made by Parliament” or “by the State Legislature.”

🔍 Meaning:

• The Constitution gives a basic framework,
• but allows the legislature to update or rationalize salaries over time.

🧠 Why this flexibility?
To prevent rigidity — salaries must evolve with inflation, new responsibilities, and fiscal realities.

Thus, the law-making body periodically adjusts these figures to maintain constitutional balance and economic relevance.

8. Salary Protection — A Silent But Strong Safeguard

In many cases (like Judges, CAG, UPSC), the Constitution provides protection clauses:

“Neither the salary nor the rights in respect of leave or pension shall be varied to their disadvantage after appointment.”

💡 Meaning:
Once appointed, the executive or legislature cannot punish these officers financially.
This guarantees functional independence, preventing any subtle form of coercion through salary manipulation.

In other words, “salary security = institutional courage.”

9. Symbolic Exceptions Reflecting Constitutional Ethics

• Vice-President: No separate salary; entitled to that of Chairman of Rajya Sabha (Art. 64).
  ➤ Symbolic of dual responsibility and financial modesty.
• President & Governors: Paid by Parliament — but they cannot receive any other emoluments or profit during tenure.
  ➤ Reinforces their neutral, non-partisan position.

These exceptions highlight how financial purity safeguards constitutional dignity.

🌟 Essence of the Table

The Constitution of India treats salary not as a privilege of power but as a safeguard of independence.
By defining who decides whose pay, it creates a subtle yet powerful network of financial accountability that keeps democracy honest.

 In the Constitution, salary is a protective shield — it frees an office-holder from government pressure, so they can act fearlessly in national interest.