Supreme Court of India · 2018-05-07
LOK PRAHARI THROUGH ITS GENERAL SECRETARY vs THE STATE OF UTTAR PRADESH
- Citation / case number
- SC 2016/33527
- Court
- Supreme Court of India
- Petitioner
- LOK PRAHARI THROUGH ITS GENERAL SECRETARY
- Respondent
- THE STATE OF UTTAR PRADESH
- Author
- HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
- Bench
- HON'BLE THE CHIEF JUSTICE RANJAN GOGOI, HON'BLE MRS. JUSTICE R. BANUMATHI, HON'BLE MR. JUSTICE NAVIN SINHA
Judgment text excerpt
The Supreme Court struck down Section 4(3) of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981, as amended in 2016, holding it to be in conflict with the provisions of the Act. The Court emphasized that former Chief Ministers cannot occupy official accommodation post-tenure, aligning with Article 14 of the Constitution. The ruling reaffirmed that executive instructions cannot override statutory provisions, thus invalidating the 1997 Rules that allowed such allotments.