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november 2001

Supreme Court of India · 2001-11-22

COMMON CAUSE, A REGISTERED SOCIETY vs UNION OF INDIA

Citation / case number
SC 1991/62089
Court
Supreme Court of India
Petitioner
COMMON CAUSE, A REGISTERED SOCIETY
Respondent
UNION OF INDIA
Author
Bharucha
Bench
CJI,SYED SHAH MOHAMMED QUADRI,N. SANTOSH HEGDE,S.N. VARIAVA,SHIVARAJ V. PATIL

Judgment text excerpt

The Supreme Court examined the constitutional validity of Section 8A of the Salaries, Allowances and Pension of Members of Parliament Act, 1954, which provides pensions to Members of Parliament. The Court held that while Articles 106 and 195 of the Constitution allow for salaries and allowances, they do not explicitly provide for pensions, unlike Articles 125 and 221 for judges. The Court concluded that the absence of specific constitutional provision for pensions to Members of Parliament implies they are not entitled to such benefits, thereby upholding the legality of Section 8A as consistent with constitutional provisions.

COMMON CAUSE, A REGISTERED SOCIETY vs UNION OF INDIA · Niyam