LOK PRAHARI THROUGH ITS GENERAL SECRETARY S N SHUK Vs. UNION OF INDIA THROUGH ITS SECRETARY & OTHERS

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of a Writ Petition that challenged the Constitutional validity of certain Amendments[1] made to the Salaries, Allowances and Pensions of Members of Parliament Act, 1954 (hereinafter referred to as "the Act"). The provisions challenged relate to the payment of pension and other facilities to members of Parliament (hereinafter referred to as "MPs") and exmembers of Parliament (hereinafter referred to as "ex-MPs"), and their spouses/companions/dependents (collectively hereafter referred to as "ASSOCIATES"). The 1st Appellant sought the following prayers, inter alia, in the Writ Petition before the Allahabad High Court:

(3.) The High Court dismissed the writ petition negating all contentions raised by the 1st Appellant herein, holding that the issue is no longer res integra in view of the Judgment in Common Cause, A Registered Society v. Union of India, 2002 1 SCC 88 (hereafter referred to as "Common Cause") wherein this Court held that Parliament is competent to legislate on pensions for ex-MPs and as a corollary it has the power to prescribe any condition subject to which the pension may be paid. We are in total agreement with the conclusion of the High Court on the question of legislative competence.