COMMON CAUSE,REGISTERED SOCIETY versus UNION OF INDIA

Citation: [2001] SUPP. 5 S.C.R. 323 · Decided: 22-11-2001 · Supreme Court of India · Bench: S.P. BHARUCHA · Disposal: Dismissed
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Judgment (excerpt)

COMMON CAUSE, A REGISTERED SOCIETY 
A 
v. 
UNION OF INDIA 
NOVEMBER 22, 2001 
[S.P. BHARUCHA, CJ., SYED SHAH MOHAMMED QUADRI, 
B 
N. SANTOSH HEGDE, S.N. VARIAVA AND SHIVARAJ V. PATIL, JJ.] 
Salaries, Allowances and Pension of Members ~f Parliament Act, 1954: 
Section SA-Constitutional validity of 
Members of Parliament-Pension for-Provision contained in Section 
SA-Legislative competence-Held such competence is conferred on Parlia-
ment by Entry 97 of List I to the Seven Schedule of Constitution-There is no 
provision in Article 106 or elsewhere that bars the payment of pension to 
Members of Parliament-Constitution of India, Art. 106. 
The constitutional validity of Section SA of the Salaries, Allowances 
and Pension of Members of Parliament Act, 1954 has been challenged in 
these petitions. The said Section was introduced in 1976 giving to Members 
of Parliament pension on their satisfying certain conditions stated therein. 
It was contended that (i) Where pension is to be paid to a constitutional 
functionary, the Constitution makes specific provision; (ii) Members of 
Parliament are not entitled to receive pension because Article 106 of the 
Constitution provides for payment of salaries and allowances to them and 
that it does not contain provision with regard to payment of pension. On 
behalf of Union of India it was contended that (i) Section SA was covered 
by Entries 73 and 97 of List I of the Seventh Schedule to the Constitution; 
(ii) Article 106 is an enabling provision and does not impose a bar upon 
receipt of pension by Members of Parliament. 
Dismissing the petitions, the Court 
HELD : The issue involved in this case is squarely one of compe-
tence, namely the competence of Parliament to enact Section SA of the 
Salaries, Allowances and Pension of Members of Parliament Act, 1954. 
Such competence is conferred upon Parliamant by the residuary Entry 97 
of List I, and there is no provision in Article 106 or else-where that bars the 
323 
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324 
SUPREME COURT REPORTS 
[2001] SUPP. 5 S.C.R. 
A 
payment of pension to Members of Parliament. [32~6-B] 
, 
D.S. Nakara and Ors. v. Union of India, [1983] l SCC 305, rderred on. 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 9S4 of 1991. 
B 
Under Article 32 of the Constitution of India. 
WITH 
W.P. (C) No. 246 of 1993. 
C 
Soli J. Sorabjee, Attorney Geneal, Prashant Bhushan, Sanjeev Kapoor, 
D 
E 
F 
G 
H 
Ram Saran Sharma-in-person in W.P. No. 246/93, Manish Singhvi, S.N. Terdol 
for P. Parmeswaran for the appearing parties. 
The Judgment .of the Court was delivered by 
BHARUCHA, CJ. The Salaries and Allowances of Members of Parlia-
ment Act, 1954 was amended by the Salaries and Allowances of Members of 
Parliament (Amendment) Act, 1976; thereby the principal Act was renamed the 
Sa.laries, Allowances and Pension of Members of Parliament Act and Section 
SA was introduced giving to Members of Parliament pensions on their satis· 
fying certain conditions stated therein. The said Section SA has been amended 
from time to time and the r~tes of pension originally indicated have been 
increased. 
These writ petitions challenge the constitutional validity of the said 
Section 8A and they have been directed to be heard by a Constitution Bench. 
Our attention is drawn by Mr. Prashant Bhushan, learned counsel for the 
petitioner in W.P.(C) No. 9S4/1991, to the provisions of Articles 106 ar•d 195 
of the Constitution. Article 106 reads as under : 
"106. Salaries and allowances of members.- Members of either 
House of Parliament shall be entitled to receive such salaries and 
allowances as may from time to time be.determined by Parliament 
by law and, until provision in that respect is so made, allowances at 
such rates and upon such conditions as were immediately before the 
commencement of thi.s Constitution applicable in the case of mem-
bers of the Constituent Assembly of the Dominion of India." 
... 
COMMON CAUSE, A REGISTERED SOCIETY v. U.O.l. [BHARUCHA, CJ.] 
325 
Article 195 makes similar provision in respect of the Members of Legislative 
Assemblies and Legislative Councils of the States. It is pointed out by 
Mr. Prashant Bhushan that whereas legislators are thereby entitled to salaries 
and allowances, there is no provision in regard to the payment of pension to 
them. The provisions of these Articles are contrasted by learned counsel to the 
provisions of Articles 125 and 221. Article 125(2) says that Judges of the 
Supreme Court shall be e
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