The Supreme Court has sought the response of the Uttar Pradesh Government on a Public Interest Litigation questioning the constitutional validity of statutory provisions that provide salaries, allowances, allied facilities and pensionary benefits to serving and former Members of the Legislative Assembly and Legislative Council.
A Bench of the Supreme Court issued notice on a petition filed by NGO Lok Prahari, which has challenged provisions of the Uttar Pradesh State Legislature (Members’ Emoluments and Pension) Act, 1980. The legislation, as amended over the years, governs the emoluments and benefits available to legislators as well as pensionary entitlements extended to former members.
The challenge raises a fundamental question concerning the legislative competence of the State Legislature to create a pension regime for former MLAs and MLCs.
Lok Prahari contends that Article 195 of the Constitution, which deals with the salaries and allowances of members of a State Legislature, does not expressly confer power to legislate on pensions for legislators. The petitioner has questioned whether pensionary benefits can nevertheless be created through State legislation when the constitutional provision specifically refers to salaries and allowances.
The organisation has also questioned various provisions under the 1980 Act that extend benefits beyond sitting legislators. According to the challenge, the statutory framework encompasses pension, family pension, travel and medical facilities and other amenities for former legislators and, in certain circumstances, their family members and companions.
The litigation assumes significance as the Allahabad High Court had earlier dismissed Lok Prahari’s challenge and upheld the constitutional validity of the relevant provisions of the Uttar Pradesh legislation. The High Court held that the grant of pension and allied benefits to legislators falls within the legislative domain and cannot be invalidated merely because the Constitution does not expressly mention pension in Article 195.
The High Court had also relied upon the Supreme Court’s earlier ruling concerning pensionary benefits for Members of Parliament, holding that the absence of an explicit constitutional provision dealing with legislators’ pensions does not, by itself, operate as a prohibition against such legislation.
The present proceedings before the Supreme Court therefore bring the question of legislative competence back into focus, particularly in the context of the constitutional distribution of legislative powers between Parliament and State Legislatures.
The plea seeks judicial scrutiny of the statutory provisions and raises questions concerning the constitutional basis for extending pension and other post-tenure benefits to elected representatives.
The Supreme Court’s decision to seek the Uttar Pradesh Government’s response marks the next stage in the challenge to the State’s legislative framework governing emoluments and pensionary benefits of MLAs and MLCs.
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