Allahabad High Court Upholds Benefits for Former MLAs and MLCs
No Constitutional embargo on State legislature in giving benefits to MLAs, ex-MLAs: Allahabad HC
Image: The Economic Times
The Allahabad High Court has upheld the legality of pension and benefits for former Members of Legislative Assembly (MLAs) and Members of Legislative Council (MLCs) in Uttar Pradesh, ruling that the state legislature has the authority to enact such provisions. The court dismissed a petition claiming these benefits were unconstitutional, affirming that they are a recognition of public service.
- 01The Allahabad High Court ruled that there is no constitutional barrier preventing the state legislature from providing benefits to MLAs and MLCs.
- 02The court stated that the nature and extent of benefits do not show arbitrariness that would violate Article 14 of the Constitution of India.
- 03The petition was filed by SN Shukla, general secretary of Lok Prahari, challenging the Uttar Pradesh State Legislature (Members' Emoluments, Allowances and Pension) Act, 1980.
- 04The state government argued that pensions are statutory facilities recognizing the public service of legislators, not arbitrary benefits.
- 05The court completed the hearing on February 17 and delivered its verdict on May 13.
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The Allahabad High Court has dismissed a public interest litigation challenging the legality of pension and benefits for former Members of Legislative Assembly (MLAs) and Members of Legislative Council (MLCs) in Uttar Pradesh. The court, led by Justices Rajan Roy and A K Chaudhary, stated that the provisions fall within the legislative domain and do not violate the Constitution. The petition, filed by SN Shukla of the NGO Lok Prahari, argued that these benefits were contrary to the spirit of the Constitution, seeking to declare the Uttar Pradesh State Legislature (Members' Emoluments, Allowances and Pension) Act, 1980 as unconstitutional. However, the court found no constitutional embargo on the state legislature's ability to enact social security measures for its members. The state government defended the pension scheme, asserting it recognizes the public service rendered by legislators and is not merely a charitable benefit. The court's ruling reinforces the authority of state legislatures to provide such benefits without being deemed arbitrary or unconstitutional.
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This ruling allows for the continued provision of pensions and benefits to former legislators, impacting their financial security post-tenure.
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