VidhiSangh

Supreme Court of India · 16/04/2018

LOK PRAHARI, THROUGH ITS GENERAL SECRETARY S. N. SHUKLA & ANOTHER versus UNION OF INDIA THROUGH ITS SECRETARY & OTHERS

[2018] 7 S.C.R. 1050 · 2018 INSC 348

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Summary

The Supreme Court rejected the constitutional challenge to statutory pensions and facilities for MPs, former MPs and their associated beneficiaries. Constitutional silence on MP pensions did not prohibit Parliament from providing them. Pension was not confined to former government employees; legislative competence existed under Entries 73 and 97 of List I. Objections based on beneficiaries’ wealth, short tenure or wider poverty did not justify replacing Parliament’s policy choice absent constitutional invalidity. The appeal was dismissed.

Issues

  1. Whether Article 106’s silence prohibited pensions and related benefits.
  2. Whether pension could be provided to persons who were not State employees.
  3. Whether the policy objections established constitutional invalidity.

Provisions considered

Held

Result

Appeal dismissed without costs; challenged pension and facility provisions left standing. Election Commission deleted from the array of parties.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 1050.