Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Ministers (Salaries Allowances and Miscellaneous Provisions) Act 1981 – s.4(3) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Uttar Pradesh Ministers (salaries, Allowances and Miscellaneous Provisions) Act, 1981 (14 of 1981) Societies Registration Act, 1860 (21 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Uttar Pradesh Ministers (Salaries, Allowances andMiscellaneous Provisions) Act, 1981 – s.4(3) (as inserted by the2016 Amendment) – Under the provision, former Chief Ministersof the State were entitled to allotment of government accommodationfor their life time – Challenge to the validity of – Held: Presentpetitioner had earlier approached Supreme Court u/Art.32 in LokPrahari vs. State of UP and Ors., challenging the validity of the1997 Rules providing for allotment of govt. accommodation toformer Chief Ministers – Not only the said writ petition wasentertained but, the 1997 Rules were struck down –Insertion ofs.4(3) by the 2016 Amendment as a substantive provision of thestatute when the 1997 Rules to the same effect were declared invalidby Supreme Court would require the curing of the invalidity foundby Supreme Court in the matter of allotment of governmentaccommodation to former Chief Ministers – The defect found earlierpersists – Impugned legislation, therefore, is an attempt to overreachthe judgment of Supreme Court in Lok Prahari – Natural resources,public lands and the public goods like government bungalows/official residence are public property that belongs to the people ofthe country – Chief Minister, once he/she demits the office, is at parwith the common citizen, though by virtue of the office held, he/shemay be entitled to security and other protocols, but allotment ofgovernment bungalow, to be occupied during his/her lifetime, wouldnot be guided by the constitutional principle of equality – s.4(3) isultra vires the Constitution of India and is, therefore, liable to bestruck down – 2016 Amendment (UP Act No. 22 of 2016) – U.P Ex-Chief Ministers Residence Allotment Rules, 1997 – Uttar PradeshMinisters and State Legislature, Officers and Members AmenitiesLaws (Amendment) Act, 1990 – s.(1-A) – Uttar Pradesh Ministersand State Legislature, Officers and Members Amenities Laws(Amendment) Act, 1997 – s.4-A – Societies Registration Act, 1860 Constitution of India – Arts.14, 32, 162 and 366A – Doctrine ofEquality.Constitut ion of India – Art.14 – Test of reasonableclassification – s.4(3) of the 1981 Act allowing retention of officialaccommodation by former Chief Ministers of the State after theyhad demitted office, if violates Art.14 – Held: s.4(3) creates aseparate class of citizens for conferment of benefits by way ofdistribution of public property on the basis of the previous publicoffice held by them – Once such persons demit the public officeearlier held by them there is nothing to distinguish them from thecommon man – Test of reasonable classification, therefore, has tofail – s.4(3) of the 1981 Act is ultra vires the Constitution of India asit transgresses the equality clause u/Art.14 – Uttar Pradesh Ministers(Salaries, Allowances and Miscellaneous Provisions) Act, 1981 –s.4(3). |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2018 INSC 455 |
Petitioner | Lok Prahari Through Its General Secretary |
Respondent | The State Of Uttar Pradeh & Ors |
SCR | [2018] 6 S.C.R. 1076 |
Judgement Date | 2018-05-07 |
Case Number | 864 |
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