The Supreme Court on Wednesday agreed to examine the constitutional validity of a law granting pension and other perks to former MPs and sought responses from the Centre and Election Commission of India on the issue.
A bench comprising Justices J Chelameswar and ES Abdul Nazeer said it would hear the matter in detail and also issued notices to the Secretary Generals of the Lok Sabha and the Rajya Sabha on a plea filed by an NGO seeking scrapping of the pension and other perks to former MPs.
The apex court also allowed the plea of Delhi-based think tank Association for Democratic Reforms that it be made a party to the case and posted the matter for hearing after four weeks.
The top court was hearing an appeal filed by NGO Lok Prahari against the Allahabad High Court order dismissing its plea alleging that pension and other perks being given to MPs even after demitting office are contrary to Article 14 (Right to Equality) of the Constitution.
The plea also said that Parliament has no power to provide for pensionary benefits to lawmakers without making any law.
“Salaries, allowances and pension of the Members of Parliament Act, 1954 was enacted in pursuance of Article 106 of the Constitution. The legislature, through amendments made to the salaries, allowances and pension of the Members of Parliament Act, 1954, has legislated to provide for pension and other facilities to the former members of the Parliament, including their spouses, dependents and companions,” the NGO said in the plea. It added:
Article 106 does not permit provision for pension or facilities to persons other than MPs. The following said provisions of the Act are ultra vires of the provisions of Article 106 of the Constitution.
The NGO alleged pension and other amenities granted to ex-MPs were “unreasonable” and sought withdrawal of such facilities while questioning various provisions of the law framed by Parliament.
(The article has been edited for length.)
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