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Affirms Legislature's Freedom to Provide Lifelong Support for Lawmakers
In a significant affirmation of legislative autonomy, the has upheld the constitutional validity of extensive pensions, family benefits, travel coupons, medical facilities and other allowances extended to sitting and former MLAs and MLCs under the . A division bench comprising Justices Rajan Roy and Abdhesh Kumar Chaudhary dismissed the public interest litigation filed by the society , ruling that no constitutional prohibition prevents the state legislature from offering such measures of social security.
The Core Dispute Over Post-Tenure Perks
The litigation challenged multiple provisions of the 1980 Act, including . These sections provide constituency allowances, railway and bus travel coupons usable by family members and companions, daily allowances, loans for housing and vehicles, lifelong pensions (currently ₹35,000 per month plus increments) and family pensions for spouses of deceased former legislators.
argued that empowers state legislatures solely to determine salaries and allowances for sitting members. The petitioner contended that the word “pension” is conspicuously absent from the constitutional text and , rendering benefits for former members and their families . The society highlighted how benefits have ballooned from a modest ₹200 monthly salary plus limited allowances in 1952 to over ₹1,25,000 in cash emoluments alone today, plus generous non-cash perks.
Petitioner’s Case: A Self-Awarded Privilege Beyond Constitutional Bounds
Appearing in person, the petitioner’s general secretary submitted that legislators are not government servants serving full prime years under an employer-employee relationship. He argued that the grant of lifelong pension and family benefits to non-members amounts to a “loot of public money” and a . Invoking Constituent Assembly debates and precedents on arbitrariness, he urged the Court to strike down the provisions and order recovery of past payments.
State’s Defence: Wide Legislative Discretion and Settled Law
The State countered that Article 195 read with Entry 38 confers ample power to legislate on salaries, allowances and related facilities. It relied heavily on the ’s 2018 decision in v. Union of India , which upheld identical provisions for Members of Parliament under the corresponding Union List entry. The State emphasised that legislators constitute a distinct class owing to their constitutional duties, and post-tenure benefits serve legitimate objectives of institutional continuity and basic financial security.
Judicial Reasoning: Broad Meaning of “Allowances” and Policy Domain
The Court held that the expression “allowances” in Article 195 is broad enough to encompass the challenged benefits. It observed that “allowance” is defined in legal dictionaries as a share or portion of money granted or assigned. The bench noted that the impugned provisions simply extend reasonable facilities connected with public duties performed by legislators and their continued engagement with constituents.
Crucially, the judges ruled that extending benefits to former members represents a conscious policy choice within the exclusive domain of the legislature. There is no express constitutional limitation restricting benefits to sitting members only. The Court stressed that determination of quantum of such benefits and their extension to families lies within legislative wisdom and attracts judicial review only in cases of .
Key Observations from the Bench
The judgment contains several memorable passages that capture the Court’s philosophy:
“There exists no Constitutional embargo upon the State Legislature in enacting a measure of social security for its ‘Members’, as well as ‘former members’.”
“In a democratic polity governed by the , such matters are best left to the wisdom and discretion of the Legislature, subject only to well-defined Constitutional limitations.”
“This classification is clearly intelligible, as legislators discharge unique Constitutional functions involving law-making, representation, and governance oversight. The object sought to be achieved is to ensure effective functioning of legislative institutions and to provide reasonable post-tenure support.”
Precedents Reinforcing Legislative Competence
The bench placed strong reliance on v. Union of India (2018) 16 SCC 696, where the rejected similar challenges concerning MPs and held that pension need not be confined to traditional employer-employee relationships. Supportive rulings by the ( Narayanlal Himatlal Bhatt , 1986), ( Purwa Jain , 2022) and ( Milap Chand Dandia , 2026) were also cited to demonstrate the consistent judicial view that state legislatures possess competence to provide pensions under .
Final Outcome and Lasting Implications
The Court dismissed the writ petition, observing that the issues were no longer and that the present litigation was essentially an attempt to re-agitate settled questions. The ruling firmly places the design and revision of emoluments for legislators within the political and legislative arena.
For lawmakers and citizens alike, the judgment underscores that challenges to the quantum or wisdom of such benefits must be directed at the ballot box rather than the courtroom, unless a clear constitutional violation is demonstrable. The decision reinforces the principle that courts will not assume the role of a “second legislature” in matters of fiscal policy concerning public representatives.
