No law violated in granting pension to MPs, says Supreme Court

New Delhi: The Supreme Court on Tuesday orally observed that it is the wisdom of Parliament to grant pension to MPs for the services rendered and the court cannot sit in judgment over such wisdom.

A Bench of Justices J. Chelameswar and Sanjay Kishan Kaul made this oral observation during the course of hearing of a petition challenging grant of pension, allowances and other travel facilities to MPs and their family members even after their tenure.

The Bench, however, asked the Attorney General to inform tomorrow whether there is any mechanism for grant of pension and allowances to MPs as the issue was pending with the Centre for the last 12 years. Earlier the AG submitted that the Constitution bench of the apex court had already upheld grant of pension in 2002 and there was no need for fresh adjudication. He said the court had held that there was no bar on Parliament to grant pension to MPs. The AG said pension was covered under the law relating to salaries and allowances payable to MPs though there was no specific mention about the word pension in the law.

Appearing for NGO Lok Prahari, Mr. S.N. Shukla submitted that in 2006 at an all parry meeting it was agreed to have a mechanism.  But till now nothing has happened. The NGO came to apex court after the Allahabad HC rejected its plea. The Petitioner said there should be a permanent independent mechanism to determine the salary of MPs.  The petition also urged that no pension be given to Ex legislators and no facilities of train, air travel to their family members of the MPs be given.

Justice Kaul observed “having dedicated all their life in politics, pension may be a survival allowance to lead their life in a dignified manner.” The Judge asked the AG to inform tomorrow whether there is any mechanism other than Parliament to deal with grant of pension to MPs. Arguments will continue on Wednesday.