IS IT JUSTIFIBLE TO LET LEGISLATORS DECIDE THEIR SALARIES?

- Written by: ANINDITHA VENGYALIL, law student symbiosis law school, Hyderabad

There is constantly a sharp condemnation regarding the determination of remuneration of the Members of Parliament as well as Members of Legislative Assemblies of respective states in our country. In India the salary of the MPs and MLAs are fixed by themselves. As per the recent amendment in 2018 to The Salary, Allowances and Pension of Members of Parliament Act, 1954, a member shall be entitled to receive a salary, at the rate one lakh rupees per month during his term of office besides all the allowances and pension entitled. Of course, in a parliamentary democracy, compensation must ensure independence and autonomy of the public representatives. There should be a sufficient support system to enable legislators perform their duties effectively. But what is unacceptable is the question of sufficiency being addressed by the legislators themselves. The well-established principle of natural justice, _“Nemo iudex in causa sua”, _i.e. no person shall be a judge in his own cause, best fits here. Increase in Pay without any judicious justification by the people benefited by it is absolutely contrary to this principle.

The validation given for such huge rise in salary that it would lessen the unethical practices of politicians has no logic for ethics cannot be bought into the system in such a way. It is a self made thing. Politics must be a vocation for people rather than just a lucrative career. For that to happen, an independent body or commission must be established to recommend the salary structure for the public representatives like that of government employees. Alternatively, there could also be a Review Board to check the basis of salary hike to ensure accountability. Legislators must undoubtedly be given appropriate salary and allowances but the authority to decide the quantum must definitely not be the legislator himself.