- Petition in Supreme Court against pension and allowances of Uttar Pradesh MLAs and former MLAs
- A bench of Justice Vikram Nath and Justice Sandeep Mehta issued a notice to the Uttar Pradesh government
- 4 weeks (one month) time limit for Uttar Pradesh State Government to reply to notice
Supreme Court Notice To UP Govt: The Supreme Court has issued a notice on a petition questioning the pension and other benefits given to the former and present MLAs of Uttar Pradesh. An NGO 'Lok Saitali' has filed a petition in the Supreme Court challenging the pension, allowances and other benefits given to MLAs and Legislative Council members of Uttar Pradesh.
A bench of Justices Vikram Nath and Sandeep Mehta issued a notice to the Uttar Pradesh state government and directed the government to respond to the notice within four weeks.
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According to a report in 'Live Law', the NGO 'Lok Saitali' has challenged the decision of the Allahabad High Court dismissing its Public Interest Litigation challenging the provisions of the Uttar Pradesh State Legislature (Pay and Pension of Members) Act, 1980. The High Court had held that the State Legislature has the power to grant benefits such as pension and social security to its existing and former members.
The Allahabad High Court upheld Sections 4, 5, 9, 13(3), 13(4), 15(2), 17-A and Chapter 8 of the 1980 Act and dismissed the petition. The High Court had held that the State Legislature has full power to grant pension and social security to its members and ex-members.
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Lok Patilani Sanstha's contention is that Article 195 of the Constitution provides for salaries and allowances of state MLAs, but does not mention pension. The petition has raised the question as to why a person should continue to receive financial benefits from the public exchequer even after stepping down from the post of MLA or Member of Legislative Council (MLC).
In 1952 the salary of MLAs was Rs
According to the petition, in 1952 MLAs were getting a salary of only Rs 200 and limited allowances. Now this amount has increased to more than Rs 1.25 lakh per month. In addition, they get free travel, accommodation, medical treatment, telephone and other benefits. These facilities violate Article 14 of the Constitution, i.e. the right to equality.
The Allahabad High Court rejected these arguments. The High Court said that representatives of the people are a separate class, as they perform constitutional functions such as making laws and overseeing the government. Now the Supreme Court is going to hear the Uttar Pradesh government's side in this case. The next hearing will be held in four weeks.