The Lucknow bench of the Allahabad High Court has dismissed a Public Interest Litigation (PIL) challenging the constitutional validity of statutory provisions that grant pension, family pension, medical, travel, and other benefits to former Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLCs) in Uttar Pradesh. The division bench ruled that the enactment of social security measures for legislators lies strictly within the legislative domain of the State and cannot be declared unconstitutional based on mere policy disagreements.
The constitutional challenge was raised through a Public Interest Litigation petition filed by S.N. Shukla, the General Secretary of the non-governmental organization (NGO) Lok Prahari.
The petitioner sought a declaration that various provisions of the Uttar Pradesh State Legislature (Members’ Emoluments, Allowances and Pension) Act, 1980, which facilitate the disbursement of pensions, medical coverage, travel concessions, and other allied services to former legislators and their family members, are unconstitutional. Additionally, the petitioner sought a mandamus from the High Court to restrain the state government from continuing these payments and facilities.
The division bench of the High Court, comprising Justice Rajan Roy and Justice A.K. Chaudhary, reserved its judgment after completing oral arguments on February 17, 2026, and pronounced the final verdict on May 13, 2026.
The petitioner, S.N. Shukla, contended that the practice of extending post-tenure emoluments, pensions, and medical or travel facilities to former MLAs, MLCs, and their respective families runs contrary to the fundamental spirit of the Constitution of India. It was argued that such financial benefits lack constitutional sanction and represent an arbitrary expenditure of public funds.
In response, the State Government of Uttar Pradesh strongly defended the validity of the Act of 1980. The State’s counsel argued that:
- The provisions were validly enacted through competent legislation passed by the State Legislature.
- The payment of pensions and the provision of associated facilities to legislators cannot be categorized as charity or an ex-gratia handout.
- Rather, these benefits constitute a statutory facility designed to recognize the public service rendered by the individuals during their legislative tenures.
- Consequently, the statutory scheme cannot be deemed arbitrary or unconstitutional.
Evaluating the constitutional framework, the High Court observed that there is no constitutional bar preventing a state legislature from enacting laws to provide social security to its current and former members.
The bench emphasized that the judiciary cannot strike down a law simply because of differing views on the wisdom of the policy behind it. The Court noted:
“The Constitutional scheme does not inhibit the Legislature from enacting provisions relating to pension, allowances, or allied benefits in favour of Members of Legislative Assembly (MLA) and Members of Legislative Council (MLC), including former members…”
Addressing the challenge brought under Article 14 of the Constitution, which prohibits arbitrary state action and guarantees equality before the law, the Court found no constitutional infirmity in the nature or scale of the benefits provided. The bench observed:
“There exists no Constitutional embargo upon the State legislature in enacting a measure of social security for its members as well as former members. The nature, character, and quantum of the benefits so extended do not disclose any manifest arbitrariness so as to attract the prohibition embodied under Article 14 of the Constitution of India.”
Concluding that the provisions of the Uttar Pradesh State Legislature (Members’ Emoluments, Allowances and Pension) Act, 1980 fall squarely within the legislative competence of the State, the High Court held that the petition failed to establish any constitutional violation. Accordingly, the division bench dismissed the Public Interest Litigation, upholding the statutory validity of pensions and other benefits for former MLAs and MLCs.
