HC dismisses plea against pension for ex-legislators

Lucknow: The Lucknow bench of the Allahabad high court has dismissed a plea challenging legal provisions granting pension, family pension and other facilities to former MLAs and MLCs.

The court observed that provisions relating to pension and allied benefits fall within the legislative domain and cannot be declared unconstitutional merely due to policy disagreement.

“The constitutional scheme does not inhibit the legislature from enacting provisions relating to pension, allowances, or allied benefits in favour of its ‘members’, including ‘former members’,” the bench said.

A bench of Justice Rajan Roy and Justice AK Chaudhary passed the verdict on a PIL petition filed by SN Shukla, general secretary of an NGO, Lok Prahari. The bench completed hearing on Feb 17, 2026, and delivered the verdict on May 13, 2026.

In its judgment, the bench observed, “There exists no constitutional embargo upon the state legislature in enacting a measure of social security for its ‘members’ and ‘former members’.”

The court said that the nature, character and quantum of the benefits extended did not disclose any manifest arbitrariness to attract prohibition under Article 14 of the Constitution.

The petition sought declaration of various provisions of the Uttar Pradesh State Legislature (Members’ Emoluments, Allowances and Pension) Act, 1980, as unconstitutional.

The petitioner contended that extending pension, medical, travel and other facilities to former MLAs, MLCs and their family members was contrary to the spirit of the Constitution.

A direction was also sought restraining the state govt from continuing such payments.

During the hearing, the state govt submitted that pension granted to legislators was neither a charity nor an ex gratia benefit but a statutory facility provided in recognition of public service rendered during their legislative tenure.

The govt counsel said the provisions were enacted through legislation and could not be termed arbitrary.