Bharucha, C.J.I - (1.) -The 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, Allowances and Pension of Members of Parliament Act and Section 8-A was introduced giving to Members of Parliament pensions on their satisfying certain conditions stated therein. The said Section 8-A has been amended from time to time and the rates of pension originally indicated have been increased.
(2.) These writ petitions challenge the constitutional validity of the said Section 8-A and they have been directed to be heard by a Constitution Bench.
(3.) Our attention is drawn by Mr. Prashant Bhushan, learned counsel for the petitioner in W.P. (C) No. 984/1991, to the provisions of Articles 106 and 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 this Constitution applicable in the case of members of the Constituent Assembly of the Dominion of India." 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 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. There is a similar provision in regard to High Court Judges in Article 221. Our attention is also drawn to Article 148 which makes reference to the pension of a Comptroller and Auditor General. Learned counsel's 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.;