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2001 Supreme(SC) 1603

S. S. M. QUADRI, SHIVARAJ V. PATIL, S. P. BHARUCHA, S. N. VARIAVA, N. S. HEGDE
Common Cause, A Registered Society – Appellant
Versus
Union Of India – Respondent


JUDGMENT

Bharucha, CJI.-The Salaries and Allowances of Members of Parliament Act, 1954 was amended by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1976; thereby the principal Act was renamed the Salaries. Allowances and Pension of Members of Parliament Act and Section 8A was introduced giving to Members of Parliament pensions on their satisfying certain conditions stated therein. The said Section 8A has been amended from time to time and the rates of pension originally indicated have been increased,

2. These writ petitions challenge the constitutional validity of the said Section 8A and they have been directed to be heard by a Constitution Bench.

3. Our attention is drawn by Mr. Prashant Bhushan, learned counsel for the petitioner in W.P. (C) No. 984/1991, to the provisions of Articles 106 and 195 of the Constitution. Article 106 reads as under :

"106. Salaries and allowances of members.-Members of either House of Parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by Parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediate












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