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 ). ..... the provisions challenged relate to the payment of pension and other facilities to 1 by the amendment act 2003, act 9 of 2004, amending act no.40 of 2006 and amending act 37 of 2010. ..... 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. ..... ambedkar, while debating the need to provide pensionary benefit to the president of india, threw some light on the question: whether the constituent assembly sought to exclude post retirement benefits to members of parliament: therefore, in the form in which the amendment is moved, i do not think that it is a practical proposition for anyone to accept. .....
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 ). ..... the provisions challenged relate to the payment of pension and other facilities to 1 by the amendment act 2003, act 9 of 2004, amending act no.40 of 2006 and amending act 37 of 2010. ..... 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. ..... ambedkar, while debating the need to provide pensionary benefit to the president of india, threw some light on the question: whether the constituent assembly sought to exclude post retirement benefits to members of parliament: therefore, in the form in which the amendment is moved, i do not think that it is a practical proposition for anyone to accept. .....
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
..... . the response of the constitutional adviser was as follows: the provision for the fixation of the salaries, allowances and pensions of the officers and servants of the supreme court by the chief justice of india in consultation with the president contained in clause (1) of article 122 is based on the existing provision contained in section 242(4) of the government of india act, 1935, as adapted ..... after consultation with the chief justice of india, transfer a 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 ..... " [435]. (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 moneys taken by the court shall form part ..... judiciary. it was also pointed out, that the constitution (98th amendment) bill, 2003 proposed a seven-member national judicial .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... 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 ..... vigilance minister on the from by commission commissioner (chairman recommendation - persons the president of the who are - ) committee or have date he on ground vigilance enters of proved commissioners been in office or misbehaviour (cvc act, leader of all india 65 or 2003) (not more opposition service or years, incapacity than2) in the lok civil whichever sabha service is (after sc s (section 3 with .....
Tag this Judgment!Court : Karnataka
..... 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. ..... 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 ..... the service, pension, travelling allowance, etc. ..... assumed grievances apart, it must be sufficiently 15 (2003) 9 scc592189 substantiated to have firm or concrete basis on properly established facts and further proved to be well justified in law, for being countenanced by the court in exercise of ..... 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. ..... 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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