The Orissa High Court on Tuesday declined to entertain a Public Interest Litigation (PIL) challenging a proposed three-fold increase in salaries and allowances for Members of the Legislative Assembly (MLAs) in the state. The court termed the petition "premature" as the related bill is still awaiting the assent of the governor.
Court Cites Judicial Review Limits
A division bench comprising Chief Justice Harish Tandon and Justice M S Raman refused to intervene against the legislature's decision. The bench took note of submissions made by Advocate General Pitambar Acharya, who argued that the High Court lacks the power of judicial review to examine the validity of a bill before it becomes an Act.
The Advocate General, citing Supreme Court rulings, submitted that the constitutional validity of the Odisha Legislative Assembly Members' Salary, Allowances and Pension (Amendment) Bill, 2025 cannot be challenged until it receives the governor's assent and is enacted into law.
Details of the Proposed Hike
The enhanced monthly package, approved through four bills passed in the assembly on December 9, amounts to Rs 3.45 lakh per MLA. If implemented, this would position Odisha's legislators among the highest paid in the country.
For perspective, legislators in Telangana and Maharashtra draw monthly packages of approximately Rs 2.5 lakh, while MLAs in Gujarat receive about Rs 1.10 lakh, and those in Delhi get around Rs 90,000.
Notably, the revised package is slated to be implemented retrospectively from June 5 last year. This retrospective application would entitle each MLA to arrears totaling nearly Rs 65 lakh.
The PIL and Political Reactions
The PIL was filed by High Court lawyer Kabita Patra, who questioned the constitutional propriety of the bill. Advocate Srinivas Mohanty appeared on behalf of the petitioner. The petition sought the court's intervention to prevent what it described as "irreversible fiscal consequences" on the state's consolidated fund.
The move has drawn criticism from across the political spectrum within the state. Members from the BJD, Congress, and even the BJP have reportedly urged the Chief Minister to reconsider the decision. They have cited public sentiment, arguing that such a substantial increase is unnecessary and disproportionate.
The High Court's dismissal on procedural grounds leaves the fate of the salary hike in the hands of the Raj Bhavan. All eyes are now on the governor's decision regarding the pending bill.
