COMMON CAUSE,REGISTERED SOCIETY versus UNION OF INDIA

COMMON CAUSE,REGISTERED SOCIETY versus UNION OF INDIA

Parliament is competent to enact Section 8A of the Salaries, Allowances and Pension of Members of Parliament Act, 1954, by virtue of Entry 97 of List I of the Seventh Schedule, and there is no constitutional bar under Article 106 or elsewhere prohibiting the grant of pension to Members of Parliament.

Parties
Petitioner: Common Cause, A Registered Society; Respondent: Union of India
Jurisdiction
India
Judgment Date
22 November 2001
Procedural Posture
Writ Petition (civil) Under Article 32 / Final Judgment
Outcome
Petitions dismissed.
Legal Topics
Pension of Members of Parliament, Constitutional Validity, Article 106, Entry 97 List I Seventh Schedule
Constitutional Law Legislative Competence Pension of Members of Parliament Constitutional Validity Article 106 Entry 97 List I Seventh Schedule

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Parties

Common Cause, A Registered Society

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) Under Article 32 / Final Judgment

Legal Issues

  1. 1 Whether Section 8A of the Salaries, Allowances and Pension of Members of Parliament Act, 1954, providing for pension to Members of Parliament, is constitutionally valid?
  2. 2 Whether Parliament has legislative competence to enact Section 8A under Article 106 and Entry 97 of List I?

Ratio Decidendi

Parliament is competent to enact Section 8A of the Salaries, Allowances and Pension of Members of Parliament Act, 1954, by virtue of Entry 97 of List I of the Seventh Schedule, and there is no constitutional bar under Article 106 or elsewhere prohibiting the grant of pension to Members of Parliament.

Court Disposition

Petitions dismissed.

Orders

  • Writ Petitions dismissed.
  • No order as to costs.