Chelameswar, J. - (1.) Leave granted.
(2.) This appeal arises out of a Writ Petition that challenged the Constitutional validity of certain Amendments[1] 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 members of Parliament (hereinafter referred to as "MPs") and exmembers of Parliament (hereinafter referred to as "ex-MPs"), and their spouses/companions/dependents (collectively hereafter referred to as "ASSOCIATES"). The 1st Appellant sought the following prayers, inter alia, in the Writ Petition before the Allahabad High Court: 1. "Declare that the provisions of various amending Acts to Act 30 of 1954, and particularly those of the Amending Act 9 of 2004, and Amending Act No. 40 of 2006 and Amending Act 37 of 2010, providing for pension/family pension to exMPs/dependents, travel facilities to spouse and other nonmembers, (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. 2. Issue a mandamus to the opposite parties 1 to 4 to stop forthwith payment of pension/family pension to exMPs/dependents, and provision of other facilities in 1 above. 3. Order recovery of illegal pension/family pension from the recipients thereof."
(3.) The High Court dismissed the writ petition negating all contentions raised by the 1st Appellant herein, holding that the issue is no longer res integra in view of the Judgment in Common Cause, A Registered Society v. Union of India, 2002 1 SCC 88 (hereafter referred to as "Common Cause") wherein this Court held that Parliament is 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. We are in total agreement with the conclusion of the High Court on the question of legislative competence.;