Court dismisses PIL challenging the constitutionality of pension and allowances for former members of the UP Legislative Assembly.
In a significant judgment, the Allahabad High Court has upheld the legislative competence and constitutionality of the Uttar Pradesh State Legislature (Members' Emoluments and Pension) Act, 1980, dismissing a Public Interest Litigation (PIL) filed by the organization Lok Prahari. The PIL challenged the validity of certain provisions of the Act which grant pensions and other benefits to former members of the Uttar Pradesh Legislative Assembly and Council.
The division bench, comprising Justices Rajan Roy and Abdhesh Kumar Chaudhary, ruled on May 13, 2026, that the provisions under the Act, including the ones providing allowances, pensions, and benefits to former legislators, are within the legislative competence of the State and do not violate the Constitution.
The petitioner's primary contention was that the Act's provisions concerning pensions and other benefits to ex-legislators exceeded the legislative competence granted under Article 195 and Entry 38 of List II of the Seventh Schedule of the Constitution of India, which permits legislation on salaries and allowances of members of the State Legislature. However, the court found no constitutional prohibition against such provisions.
The court emphasized that the legislative policy, including the quantum and nature of benefits, lies within the exclusive domain of the Legislature. Judicial review in matters of legislative policy is limited to examining constitutional validity, not policy wisdom. The court reiterated the doctrine of judicial restraint, noting that courts cannot interfere with legislative policies unless they are patently arbitrary or unconstitutional.
The judgment also highlighted that similar challenges had been addressed by the Supreme Court and other High Courts, with the Supreme Court upholding similar provisions for Members of Parliament. The court referred to the Supreme Court's decision in Lok Prahari v. Union of India (2018) 16 SCC 696, which had affirmed the legislative competence to provide for pensions and allowances to legislators.
In its analysis, the Allahabad High Court found that the classification of legislators and ex-legislators for post-tenure benefits met the criteria of intelligible differentia and had a rational nexus with the objectives. It observed that legislators perform unique constitutional duties, distinct from other public servants, and thus warrant a separate classification.
Ultimately, the court concluded that the petitioner's challenge was rooted in policy disagreement rather than any demonstrable constitutional infirmity. The petition was deemed devoid of merit and was dismissed without costs.
Bottom Line:
Legislative competence and constitutionality of provisions under the Uttar Pradesh State Legislature (Members' Emoluments and Pension) Act, 1980, relating to salaries, allowances, pensions, and other benefits granted to members and ex-members of the Legislative Assembly and Council upheld. Courts cannot interfere in legislative policy unless there is a clear constitutional violation.
Statutory provision(s): Articles 14, 195 of the Constitution of India, Entry 38 of List II of the Seventh Schedule of the Constitution of India, Uttar Pradesh State Legislature (Members' Emoluments and Pension) Act, 1980.
Lok Prahari v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2900179
