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Supreme Court of India 2018-04-16 dismissed

Lok Prahari, through its General Secretary S.N. Shukla & Another vs Union of India through its Secretary & Others

Bench: 2 — Chelameswar

In Brief

This appeal challenged amendments to the Salaries, Allowances and Pensions of Members of Parliament Act, 1954, which extended pension and travel benefits to ex-MPs and their spouses. The appellant contended that these provisions violated Article 14 (equality) and were barred by the Constitution's silence on MP pensions. The Court upheld the amendments, holding that constitutional silence does not prohibit legislative action. The express mention of pension in certain constitutional Articles reflects those offices' protection needs, not exclusive permission. Parliament possesses broad authority under constitutional Entry 73 to determine MP allowances, including post-retirement benefits. Policy questions—whether benefits suit MPs' financial status or public resources—remain within Parliament's discretion and are not justiciable.

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Constitutional Law Parliamentary Law Article 14 (Equality) Pensions and Allowances Statutory Interpretation

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