- (1.) This writ petition which has been instituted by Lok Prahri, a society registered under the Societies Registration Act, 1860, seeks to challenge the constitutional validity of the amendments made by Parliament to the Salary, Allowances and Pension of Members of Parliament Act, 1954 (Act). The petitioner has challenged the validity of the provisions by which Parliament has legislated to provide for pension and for the grant of facilities to former members of Parliament.
(2.) Article 106 of the Constitution provides as follows: "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."
(3.) The constitutional challenge has been advanced during the course of the hearing of the proceedings to the following provisions: (1) Provision of pension to ex-members in Section 8A by Act No 105 of 1976; (2) Provision in Section 6B (1) by Act No 16 of 1999 for - (i) one free AC-II pass for a person to accompany the member in his all train journeys; (ii) unlimited free travel by train along with spouse/companion from any place in India to any other place in India; (3) Amendments to Section 8A by Act No 9 of 2004 - (i) Dispensing with the requirement of minimum qualifying tenure of four years for eligibility to get pension; and (ii) Section 8AA regarding free unlimited travel facility in AC II for life to ex-MPs with their spouse/companion; (4) Section 8AC inserted by Act No 40 of 2006 providing family pension for life to the spouse/dependent of an MP dying in harness and of a deceased former MP; (5) Provision by Act No 37 of 2010 - (a) in Section 6B (2) - (i) up to 8 air journeys in a year from the Member's usual place of residence to Delhi and back when Parliament is in session, (ii) Unlimited train travel in I AC from the Member's usual place of residence to Delhi and back even when Parliament is not in session. (b) in Section 8A for monthly pension of Rs 20,000/-.;