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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 examined whether amendments to the Salaries, Allowances and Pensions of Members of Parliament Act, 1954 were constitutional. The amendments granted pension and travel facilities to ex-MPs and their dependents. The petitioner argued the benefits violated Article 14 (equality) and that the Constitution's silence on MP pensions meant they were prohibited. The Court held that constitutional silence does not create a prohibition; Parliament has the power to legislate pension benefits for ex-MPs. The absence of express pension clauses in Article 106 (governing MP salaries) does not mean the Constitution forbids pensions. Such policy matters—deciding who receives pensions and on what terms—are for Parliament, not courts, provided no express constitutional ban exists. The appeal was dismissed.

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Constitutional Law Parliamentary Privileges and Immunities Right to Equality (Article 14) Social Security and Pensions Judicial Review Separation of Powers

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