The Lucknow bench of the Allahabad High Court has dismissed a public interest litigation challenging the legal provisions that grant pension, family pension, and other facilities to former Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLCs). The court observed that provisions relating to pension and allied benefits fall within the legislative domain and cannot be declared unconstitutional merely on the basis of policy disagreement.
Court's Observation on Legislative Powers
A bench comprising Justice Rajan Roy and Justice A K Chaudhary stated that the constitutional scheme does not inhibit the Legislature from enacting provisions relating to pension, allowances, or allied benefits in favor of its members, including former members. The verdict was delivered on May 13, 2026, after the hearing concluded on February 17, 2026.
Key Points from the Judgment
The bench noted, "There exists no Constitutional embargo upon the State Legislature in enacting a measure of social security for its 'Members', as well as 'former members'. The nature, character, and quantum of the benefits so extended do not disclose any manifest arbitrariness so as to attract the prohibition embodied under Article 14 of the Constitution of India."
Petitioner's Arguments
The petition was filed by S.N. Shukla, general secretary of the NGO Lok Prahari. It sought a declaration that various provisions of the Uttar Pradesh State Legislature (Members’ Emoluments, Allowances and Pension) Act, 1980 are unconstitutional. The petitioner argued that extending pension, medical, travel, and other facilities to former MLAs, MLCs, and their family members was contrary to the spirit of the Constitution. A direction was also sought to restrain the state government from continuing such payments.
State Government's Response
During the hearing, the state government submitted that the pension granted to legislators is neither a charity nor an ex-gratia benefit but a statutory facility provided in recognition of public service rendered during their legislative tenure. It was further argued that the provisions had been enacted through legislation by the state legislature and could not be termed arbitrary.
Conclusion
The High Court dismissed the petition, upholding the validity of the pension scheme for former legislators. The judgment reinforces the legislature's authority to determine benefits for its members and former members, provided they are not manifestly arbitrary.
