Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 6B(2) and 8AA 1954 – ss.8A Allowances and Pensions of Members of Parliament Act Salaries 8AC 6B(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Election Commission (conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 (11 of 1991) Salary, Allowances and Pension of Members of Parliament Act, 1954 (30 of 1954) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | .Salaries, Allowances and Pensions of Members of ParliamentAct, 1954 – ss.8A, 8AC, 6B(1), 6B(2) and 8AA – Amendments in the1954 Act conferring the benefit of pension and other facilities toex-members of Parliament and their Associates (i.e. spouses/companions/dependents) and right of free travel etc. to members ofParliament and their Associates – Writ petition filed by appellantbefore High Court, challenging the constitutional validity of theamendments, dismissed – On appeal, held: The fact that there areexpress references in the Constitution for payment of pension tocertain constitutional functionaries and not to others, does not leadto the conclusion that the Constitution by its silence prohibits thepayment of pension to those constitutional functionaries – Framersof the Constitution believed that certain offices required a higherdegree of protection, having regard to the greater degree ofindependence expected of the holders of their offices – Terms andconditions subject to which a person is either appointed or electedto occupy the constitutional office is a matter of policy choice –Appropriate legislature would be the constitutionally designatedauthority to determine those conditions – Expression “allowances”of MPs occurring u/Entry 73 of List-I of the VIIth Schedule, is wideenough to cover the payment of “pension” and the other benefitscovered by the impugned provisions to MPs or ex-MPs – Evenotherwise the authority of Parliament u/Entry 97 of List-I is wideenough to cover the impugned legislation– Constitution of India –Arts.14, 106 and Arts. 59(3), 158(3), 75(6), 164(5), 97, 18, 125(2),221(2), 148(3), 322 and 324(5)– President’s Emoluments andPension Act, 1951– s.2– Vice President’s Pension Act, 1997– The Comptroller and Auditor-General’s (Duties, Powers and Conditionsof Service) Act, 1971– Election Commission (Conditions of Serviceof Election Commissioners and Transaction of Business) Act, 1991. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2018 INSC 348 |
Petitioner | Lok Prahari, Through Its General Secretary S. N. Shukla & Another |
Respondent | Union Of India Through Its Secretary & Others |
SCR | [2018] 7 S.C.R. 1050 |
Judgement Date | 2018-04-16 |
Case Number | 3798 |
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