Court : Supreme Court of India
..... this appeal arises out of a writ petition that challenged the constitutional validity of certain amendments1 made to the salaries, allowances and pensions of members of parliament act, 1954 (hereinafter referred to as the act ). ..... expenses of public service commissions the expenses of the union or a state public service commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the commission, shall be charged on the consolidated fund of india or, as the case may be, the consolidated fund of the state. 7 14. ..... article 32216 declares that the expenses of public service commissions shall be charged on the consolidated fund of india and such expenses include salaries, allowances and pensions payable to or in respect of the members or staff of the commission. ..... 40 of 2006 and amending act 37 of 2010, providing for pension/family pension to ex mps/dependents, travel facilities to spouse and other non members, (in addition to the companion) and ex mps, as well as continuation of facilities, regarding unutilized quotas of telephone calls electricity and water units are ultra vires of the constitution and the original act. ..... union of india2 (hereafter referred to as common cause ) wherein this court held that parliament is 2 (2002) 1 scc882 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. .....
Tag this Judgment!Court : Supreme Court of India
..... this appeal arises out of a writ petition that challenged the constitutional validity of certain amendments1 made to the salaries, allowances and pensions of members of parliament act, 1954 (hereinafter referred to as the act ). ..... expenses of public service commissions the expenses of the union or a state public service commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the commission, shall be charged on the consolidated fund of india or, as the case may be, the consolidated fund of the state. 7 14. ..... article 32216 declares that the expenses of public service commissions shall be charged on the consolidated fund of india and such expenses include salaries, allowances and pensions payable to or in respect of the members or staff of the commission. ..... 40 of 2006 and amending act 37 of 2010, providing for pension/family pension to ex mps/dependents, travel facilities to spouse and other non members, (in addition to the companion) and ex mps, as well as continuation of facilities, regarding unutilized quotas of telephone calls electricity and water units are ultra vires of the constitution and the original act. ..... union of india2 (hereafter referred to as common cause ) wherein this court held that parliament is 2 (2002) 1 scc882 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. .....
Tag this Judgment!Court : Patna
..... it is true that in view of amendment of section 8a of the salary, allowances and pension of members of parliament act 1954, where any person entitled for pension under sub-section (1) is also entitled to any other pension, such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension, but it is of no help ..... 8a of salary, allowances and pension of member of parliament act, 1954 was amended by act no, 48 of 1993 as under:-- '(b) for sub-section (3), the following subsection shall be substituted, namely :-- (3) where any person entitled for pension under sub-section (1) is also entitled to any other pension, such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension. ..... under section 8a of the salary, allowances and pension of member of parliament act 1954. on 22-12-90. ..... (i) with effect from the date of com-mencement of the bihar legislature (members' salaries, allowances and pension) (third amendment) act, 1976 every such person as the case may be-- (i) as a member of the bihar legislative assembly; or (ii) as a member of the bihar legislative council; or (iii) partly as a member of the bihar legislative assembly or partly as a member of this bihar legislative council; *** *** ****** *** *** (2) *** *** *** (3) where any person entitled to pension under sub-section (1) is also entitled to any pension from the central government or any state government or any corporation owned or controlled .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP223
..... section 8-a of the salary, allowances and pension of member of parliament act, 1954, as amended from time to time reads as under :'8a(1) (with effect from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993, there shall be paid a pension of one thousand and four hundred rupees per mensem to every person who has served for a period of four years, whether continuous or not) (i) as member of the council of states; or (ii) as a member of the house of the people; or (iii) partly as a member of the council of states and partly as a member of the house of the people; or (iv) as a member of the provisional parliament; or (v) partly as a member of the provisional parliament and - (a) partly as a member of the ..... foregoing provisions of this sub-section, he shall with effect from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993, be entitled to a pension of one thousand and four hundred rupees per mensem : provided also that every person, who served for any period as a member of the provisional parliament and who is not entitled to any pension under the foregoing provisions of this sub-section, shall with effect from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993 be entitled to a pension of one thousand and four hundred rupees per mensem. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC199; [2002(92)FLR287]; JT2001(9)SC593; 2000(5)SCALE78; (2002)1SCC88; 2002(1)SCT225(SC)
..... salaries and allowances of members of parliament act, 1954 was amended by the salaries and allowances of members of parliament (amendment) act, 1976; thereby the principal act was renamed the salaries ..... not go into entry 73 of list i for we are in no doubt that such competence is conferred upon parliament by the residuary entry 97 of list i, and there is no provision in article 106 or elsewhere that bars the payment of pension to members of parliament. 9. ..... submitted that article 106 was an enabling provision and could not be read as imposing a bar upon the receipt of pensions by members of parliament. 8. ..... 246/1993, appearing in person, to the provisions of article 14 and it was submitted that there was discrimination in favour of members of parliament by giving them pension when, unlike judges, they were not subject to the process of ..... argument is that where pension is to be paid to a constitutional functionary, the constitution makes specific provision and that therefore, in not making such specific provision in regard to members of parliament under article 106, it must be assumed that they are not entitled to receive pension. 5. ..... says that judges of the supreme court shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined. ..... allowances and pension of members of parliament act and section 8a was introduced giving to members of parliament pensions on their satisfying certain conditions .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
..... of state (rajya sabha) and to section 156 and 157 wherein the said expression has been used in relation to a member of the legislative council of the state (vidhan parishad), the learned attorney general has also invited our attention to the provisons of the salary, allowances and pension of members of parliament act, 1954 wherein the expression 'term of office', as defined in section 2(e) covering members of the council of states as well as the house of the people, has been used in section 3 (salaries and daily allowances) section 4 (travelling allowances) section 6(2) (free transit ..... report of the committee, known as the santhanam committee, appointed by the government of india to suggest changes which would ensure speedy trial of cases of bribery, corruption and criminal misconduct and make the law otherwise more effective, which led to the amendments introduced in section 21 ipc by the anti corruption laws (amendment) act, 1964 as well as the statement made by shri hathi, minister- in-charge, while piloting in the lok sabha the bill which was enacted as the anti .....
Tag this Judgment!Court : Supreme Court of India
..... judge from one high court to any other high court (2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963 , as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order ..... (3) the administrative expenses of the supreme court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the revenues of india, and any fees or other ..... has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings; 2.5.2 the judge previously served as a lawyer or was a material witness in the matter in controversy; or 2.5.3 the judge, or a member of the judge's family, has an economic interest in the outcome of the matter in controversy: provided that disqualification of a judge shall not be required if no other tribunal can be constituted to deal with the ..... qualities of a judge recognized in the indian context, as were enumerated in the bangalore principles of judicial conduct , and thereupon accepted the world over, as revised at the round table meeting of chief justices held at the hague, in november 2002, it was submitted, that the two eminent persons would be most suited, to assess such matters, .....
Tag this Judgment!Court : Supreme Court of India
..... subject to the provisions of this constitution and of any law made by parliament, the conditions of service of persons serving in the indian audit and accounts department and the administrative powers of the comptroller and auditor general shall be such as may be prescribed by rules made by the president after consultation with the comptroller and auditor general (6) the administrative expenses of the office of the comptroller and auditor general, including all salaries, allowances and pensions payable to or in respect of pensions serving in that office, shall be charged ..... under sub-section (2) of section 8a in respect of any disqualification for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11a of this act as it stood immediately before the commencement of the election laws (amendment) act, 1975 (40 of 1975), as if such decision were a decision in respect of the ..... of violence in the state of gujarat and upon the dissolution of the assembly, the commission took the view that it may not be possible 53 (1996) 2 scc75254 (2000) 8 scc21655 (2002) 5 scc294194 to hold the election though article 174(1) mandated that there shall not be more than six months in between the last session of the assembly and the first meeting of the next session. .....
Tag this Judgment!Court : Karnataka
..... judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his 139 salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix.81. ..... has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, compensatory allowance as the president may by order fix. ..... we accept the argument advanced by some of the learned counsel for the petitioners that it was necessary for all the members of the permanent committee to read each and every judgment and make analysis thereof, if in a given case where there are fifty candidates and each of them submits more than fifty judgments, for meticulous reading of all the 2500 judgments, it will require days or ..... of the service, pension, travelling allowance, etc. ..... even the resolution of the full court of the high court dated 27-4-2002 is not only inappropriate but a misplaced one and the grievances espoused based on this assumption deserve a mere mention only to ..... of continuity of service, pension, travelling allowance, etc. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP25; 2003(4)MPHT124; 2003(3)MPLJ182
..... in that context the majority view of the supreme court is as under :--'having regard to the provisions of the constitution and the representation of the people act, 1951 as well as the salary, allowances and pension of members of parliament act, 1954 it can be said that membership of parliament is an 'office' inasmuch as it is a position carrying certain responsibilities which are of a public character and it has an existence independent of the holder of the office. ..... having regard to the powers privileges and immunities of the mlas and also looking to the various acts regarding payments of salary, allowances and pension to the members of the legislative assembly and the various facilities and benefits extended to them for holding office and for discharging public duties, it can be held that the mla holds an office of profit, but it can not be held that his office is under the government. ..... some of the literary meanings of the word 'office' as per the law lexicon reprint 2002 page 1348 are as follows :--'the word 'office' does not necessarily imply that it must have an existence apart from the person who may hold it. ..... it is for the state government and state legislature to consider about the removal of these discriminations and to pass appropriate uniform legislation in this regard by incorporating amendments in the local acts. .....
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