Reportable IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.  3798 OF 2018 (Arising out of Special Leave Petition (Civil) No.9584 of 2017)

LOK PRAHARI, THROUGH ITS  GENERAL SECRETARY S.N. SHUKLA & ANOTHER ... Appellants

            Versus

UNION OF INDIA THROUGH ITS SECRETARY & OTHERS     ... Respondents

J U D G M E N T Chelameswar, J.

1. Leave granted.  

2. This appeal arises out of a Writ Petition that challenged the

Constitutional validity of certain Amendments1  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

1 By the Amendment Act 2003, Act 9 of 2004, Amending Act No. 40 of 2006 and Amending Act 37 of 2010. 1

members of Parliament (hereinafter referred to as “MPs”) and ex­

members of  Parliament  (hereinafter  referred to as “ex­MPs”),  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 ex­ MPs/dependents, travel facilities to spouse and other non­ members, (in addition to the companion) and ex­MPs, 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 ex­ MPs/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 India2 (hereafter referred

to as “Common Cause”) wherein this Court held that Parliament is

2 (2002) 1 SCC 88 2

competent to legislate on pensions for ex­MPs 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.  

4. The question which remains to be answered is whether any of

the impugned amendments which create various rights in favour of

ex­MPs & their ASSOCIATES and certain other facilities to MPs are

violative of Article 14 of the Constitution of India, 1950 as being

discriminatory. It was the case of the Appellant that the Common

Cause case is silent in this respect. However, the High Court took

the view that the attack on Article  14  is foreclosed by  Common

Cause.  

5. It is argued before us that  Common Cause  took note of the

Petitioner’s argument therein3 that the Act is violative of Article 14,

however, there was neither any discussion on the  issue nor any

binding decision on the question.4   Therefore, it is submitted that

3 “5. Reference was made by the Petitioner in WP (C) No. 246 of 1993, appearing in person, to the provisions of Article 14 and it was submitted that there was discrimination in favor of Members of Parliament by giving them pension when, unlike Judges, they were not subject to the process of impeachment.” 4“7. The issue before us  is squarely one of competence, namely, the competence of Parliament to enact the said Section 8-A. We need not go into Entry 73 of List I for we are in no doubt that such competence is conferred upon Parliament by the residuary Entry 97 of List I, and there is no provision in Article 106 or elsewhere that bars the

3

the High Court erred in concluding that the challenge to the

impugned  provisions is impermissible.  We  propose to limit  our

examination in the present case to the question of the

constitutionality of various Amendments brought after the

Common Cause case on grounds other than legislative competence.

6. To answer the same, we may start with the analysis of  the

various provisions of the Constitution creating various

constitutional offices because some of these provisions contemplate

the possibility of the payment of pension in respect to certain

Constitutional offices, while no express reference is  made with

regard to various other offices created by the Constitution.  

7. Article 59(3)5  specifies that the President shall be entitled to

such ‘emoluments, allowances and privileges as may be determined by

Parliament by law’ while  Article 158(3) specifies the same for the

Governor. Neither of the Articles make any reference to the payment

of pension. However, Section 2 of the President’s Emoluments and

payment of pension to Members of Parliament.”

5Article 59(3). Conditions of President’s office.- The President shall be entitled without payment of rent to the use of  his  official  residence  and  shall  be  also  entitled  to  such  emoluments,  allowances,  and  privileges  as  may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

4

Pension Act, 1951 provides for the payment of pension and other

facilities to the retiring President.6

8. Article 75(6)7  and Article 164(5) respectively speak of the

salaries and allowances of  Ministers,  which  Parliament and the

State Legislature may determine by law.

9. Articles 978 and 1869 provide for the payment of ‘salaries and

allowances’ of the Chairman and Deputy Chairman and the

Speaker and the Deputy Speaker of Parliament and State

Legislatures. The Vice­President's Pension Act, 1997 has an

6 Section 2. (1) Pension to retiring Presidents. There shall be paid to every person who ceases to hold office as President, either by the expiration of his term of office or by resignation of his office, a pension of 6 one lakh twenty thousand rupees per annum for the remainder of his life. [ (2) Subject to any rules that may be made in this behalf, every such person shall, for the remainder of his life, be entitled-

(a) to the use of a furnished residence (including its maintenance), without payment of rent, a telephone and a motor- car, free of charge or to such car allowance as may be specified in the rules-,

(b) to secretarial staff consisting of a Private Secretary, a Personal Assistant and a Peon, and office expenses the total expenditure on which shall not exceed twelve thousand rupees per annum;

(c) to medical attendance and treatment free of charge. (d) to travel anywhere in India, accompanied by one person, by 9 highest class by air, rail or steamer.

Explanation.-- For the purposes of this sub- section" residence" shall have the meaning assigned to it in the Salaries and allowances of Ministers Act, 1952 ] 7Article 75.  Other Provisions as to Ministers- (6)  The salaries and allowances of  Ministers shall  be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule. 8Article 97. Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker.- There shall be paid to the Chairman and the Deputy Chairman of the Council of States, and to the Speaker and the Deputy Speaker of the House of the People, such salaries and allowances as may be respectively fixed by Parliament by law and, until provision in that behalf is so made, such salaries and allowances as are specified in the Second Schedule. 9Article 186. Salaries and Allowances of the Speaker and Deputy Speaker and the Chairman and Deputy Chairman.-  There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly, and to the Chairman and the Deputy Chairman of the Legislative Council, such salaries and allowances as may be respectively fixed  by the Legislature  of  the  State  by  law and,  until  provision  in  that  behalf  is  so  made,  such  salaries  and allowances as are specified in the Second Schedule.

5

identical provision with respect to the payment of pension and post

retirement facilities as are provided to the President.10

10. Article  106 of the Constitution stipulates that  MPs shall  be

entitled to receive ‘salaries  and allowances’ to  be  determined  by

Parliament through legislation.11  There  is no express reference to

the payment of pension.

11. On the other hand, the provisos to Article 125(2)12 and Article

221(2)13  respectively make an express reference to the payment of

pension to judges of the Supreme Court and the High Courts.  

10 Section 2. Pension to retiring Vice-Presidents.—(1) There shall be paid to every person who ceases to hold office as Vice-President, either by the expiration of his term of office or by resignation of his office, a Pension 1 [at the rate of fifty per cent of the salary of the Vice-President] per month, for the remainder of his life

Provided that such person shall not be entitled to receive any pension during the period he holds the office of the Prime Minister, a Minister or any other office or becomes a Member of Parliament and is in receipt of salary and allowances which are defrayed out of the Consolidated Fund of India or the Consolidated Fund of a State.

(1A) The spouse of a person who dies — (a) while holding the office of Vice-President, or (b) after ceasing to hold office as Vice-President either by the expiration of his term of office or by resignation of his office, shall be paid a family pension at the rate of fifty per cent

of pension as is admissible to a retiring Vice-President, for the remainder of her life. 11Article 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 12Article 125. Salaries, etc., of Judges.- (2) Every Judge 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 by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule:

Provided that  neither  the privileges or the allowances of  a  Judge nor his rights in respect  of leave of absence or pension shall be varied to his disadvantage after his appointment. 13Article 221. Salaries, etc., of Judges.- (2) Every Judge shall be entitled to such allowances and to such rights in respect  of  leave  of  absence  and  pension  as  may from time  to  time be  determined  by  or  under  law made  by Parliament and, until so determined, to such allowances and rights as are specified in the Second Schedule:  

Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

6

12. Article  148(3)14  provides  that  salary and other  conditions of

service of the Comptroller and Auditor­General shall be as may be

determined by Parliament by law. The proviso thereto contains a

reference to the payment of pension. The Comptroller and

Auditor­General’s (Duties,  Powers and Conditions of  Service) Act,

1971 contains various provisions  for the payment  of  pension on

his/her demission of office.15

13. Article 32216  declares that the expenses of Public Service

Commissions shall be charged on the Consolidated Fund of India

and such expenses include “salaries, allowances and pensions”

payable to or in respect of the members or staff of the Commission.

14Article 148. Comptroller and Auditor-General of India.- (3). The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule:

Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment. 15Section 6. Pension.- A person who demits office as the Comptroller and Auditor-General by resignation shall, on such demission, be eligible to a pension at the rate of two thousand rupees per annum for each completed year of his service as the Comptroller and Auditor-General:

Provided that in the case of a person referred to in sub-section (1) or sub-section (3), the aggregate amount of pension admissible under this sub-section together with the amount of pension including the commuted portion, if any, of his pension, and the pension equivalent of the retirement gratuity if any which may have been admissible to him under the rules  for  the time being applicable to  the Service to  which he belonged immediately before he assumed office as the Comptroller and Auditor-General, shall not exceed fifteen thousand rupees per annum or the higher pension referred to in proviso to sub-section (2) or sub-section (3), as the case may be. 16Article 322. Expenses of Public Service Commissions

The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in respect of the members or staff of the Commission, shall be charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.

7

14. Article 324(5)17 stipulates that “conditions of service and tenure of

office of the Election Commissioners shall be such as the President may by rule

determine.” Though the Constitution is silent in regard to payment of

pension to the Election Commissioners, Section 6 in the Election

Commission (Conditions of Service of Election Commissioners and

Transaction of Business) Act, 1991 makes provision for payment of

pension to Election Commissioners which is equal to the pension

payable to a Supreme Court Judge.18

15. From the Constitutional scheme it can be seen that no express

mandate exists for the payment of pension with respect to any one

of the  Constitutional offices.  However, Articles dealing  with the

Judges of the Supreme Court and the High Courts and the

Comptroller  and Auditor­General  stipulate that  pensions payable

17Article 324. Superintendence, direction and control of elections to be vested in an Election Commission (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office

of  the  Election  Commissioners  and  the  Regional  Commissioners  shall  be  such  as  the  President  may  by  rule determine:

Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as  a  Judge of  the Supreme Court  and the conditions of  service of the Chief  Election Commissioner shall not be varied to his disadvantage after his appointment:  

Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner. 18Section 6. Pension payable to Election Commissioners.-  

(2) Where the Chief Election Commissioner [or an Election Commissioner] demits office [whether in any manner specified in [sub-section (3)] or by resignation], he shall, on such demission be entitled to

(a) a pension which is equal to the pension payable to a Judge of the Supreme Court in accordance with the provisions of Part III of the Schedule to the Supreme Court Judges (Conditions of Service) Act, 1958, as amended from time to time; and

(b) such pension (including commutation of pension), family pension and gratuity as are admissible to a Judge of the Supreme Court under the said Act and the Rules made thereunder, as amended from time to time…”

8

may not be varied during their tenure. The implication being that if

the law dealing with the service conditions of any of the incumbents

of  any  one of the said offices at the time  of their appointment

provides for the payment of pension, such a provision of law cannot

be varied to the detriment of the incumbent.

16. The provisions under  challenge fall  under two categories (i)

provisions which confer the right of free travel etc. to the MPs and

their ASSOCIATES; and (ii) provisions which confer the benefit of

pension and the right of free travel etc.  to the ex­MPs and their

ASSOCIATES.  

THE PROVISIONS UNDER CHALLENGE:

17.  Section 8A19  of the Act grants pensions to (i) ex­MPs, and (ii)

upon their death, the pension is given to their respective spouses.

Section 8AC20 provides family pension to the spouse of such MPs on

the death of the MP.  It is pertinent to mention here that Section 8A

19 Section 8A. (1)  With effect from the 18th day of May, 2009, there shall be paid a pension of twenty thousand rupees per mensem to every person who has served for any period as a Member of the Provisional Parliament or either House of Parliament

Provided that where a person has served as a member of the Provisional Parliament or either House of Parliament for a period exceeding five years, there shall be paid to him an additional pension of thousand five hundred rupees per mensem for every year served in excess of five years

Explanation. – For the purpose of this sub-section “Provisional Parliament” shall include the body which functioned as the Constituent Assembly of the Dominion of Indian immediately before the commencement of the Constitution 20 Inserted by Act 40 of 2006 – effective from 15-9-2006

9

as originally enacted provided that an MP, to be eligible for Pension

must have completed four years of tenure in Parliament. But this

was done away with retrospective effect by the Amendment Act No.9

of 2004.

Section 6B(1)21  of  the Act confers a right to all the MPs  for

unlimited travel by train along with spouse/companion from any

place in India to any other place in India. Section 6B(2)22 provides

up to 8 air journeys in a year from the MP’s usual place of residence

to Delhi and back when Parliament is in Session and also provides

the spouse of the MP unlimited train travel by First Class AC at any

time during the year.   Section 8AA23  confers a right of travel

facilities to the ex­MPs and their ASSOCIATES. It provides for free

AC­II Tier pass for one person to accompany an ex­MP in all train

journeys and unlimited free travel by train along with

spouse/companion from any place in India to any other place in

India.  

18. The provisions are impugned on the following grounds: 21 Substituted by Act 16 of 1999 22 Inserted by Act 37 of 2010 – effective from 1-10-2010 23 Substituted by Act 9 of 2004 – effective from 15-9-2006

10

(i) the contrast in the language displayed in the various Articles of the Constitution dealing with the salaries and other allowances payable to the various Constitutional office holders should necessarily  lead to the conclusion that the Constitution does not  permit the payment  of  pension and other benefits to MPs and ex­MPs;

(ii) the framers of the Constitution specifically denied pensionary benefits to the MPs and therefore giving of any POST RETIREMENT BENEFITS to ex­MPs and their ASSOCIATES would amount to treating those who were denied this constitutional right to pension at par with those constitutional offices whose pension was expressly protected. And  to treat them on  the same  footing would result in a violation of the right to equality;

(iii) the impugned provisions are irrational24  and arbitrary because the grant of pension to all ex­MPs without taking into consideration their respective tenure and economic conditions goes against public interest25; and

(iv) looked at from the point of view of the taxpayers and crores of poor and needy people of the country, the impugned provisions are an unfair and unjust exercise of the legislative authority of the Parliament.26

19. We shall now examine the core submission ­  whether the

silence in Article 106 operates as a prohibition for payment of

pension to the former MPs?  

20. The submissions of the Appellants proceed on the wrong

assumption that certain provisions of the Constitution mandate the

payment of pension to persons who hold constitutional offices like

the Judges of this Court.  We have already examined the language

24 Written Submissions of Petitioner in WP before the Allahabad HC  25 Id. 26 Ground D of the Writ Petition

11

of the relevant provisions of the Constitution. We are of the opinion

that, on a true and proper construction of the text of those

provisions, they do not mandate the payment of pension.  They only

protect the pension if payable under the relevant law applicable on

the date of appointment of a person to any one of those offices by

declaring that such a condition could not be altered to the

detriment of a person subsequent to his appointment.   

However, the constitutional obligation to pay pension to

persons  who  hold such offices  may arise by implication  having

regard to the overall scheme of the Constitution relevant to those

offices.  The need to secure the independence of the holders of those

offices by assuring them that either the legislature or the executive

will not be able to deprive them of the financial resources necessary

to keep them away from impecuniousness, irrespective of the fact

that a decision taken by the incumbents of each of those offices in

discharge of the official responsibilities is acceptable or not either to

the legislature or the executive.   We must hasten to add that we

must not be understood to be making any final declaration of law in

this regard.   

12

The purpose of this  analysis  is limited only to demonstrate

that the Appellants starts on a wrong premise in assuming that the

text of the Constitution contains express provisions mandating the

payment of pension in connection with certain constitutional

offices.   

21. The fact that there are express references to the payment of

pension in the Constitution for certain Constitutional functionaries

and not for others, in our opinion does not lead to the conclusion

that the Constitution by its silence prohibits the payment of

pension to those constitutional functionaries. Each Constitutional

office holder functions in accordance with the powers and duties

entrusted to it  either by the Constitution or the laws relevant to

their powers and duties. The framers of the Constitution believed

that certain offices required a higher degree of protection, having

regard to the greater degree of independence expected of the holders

of their offices. The framers knew history and the attempts of the

men in power to subjugate the holders of such offices. Safeguards,

therefore,  were provided  in respect  of the various aspects  of the

tenure  and  other conditions of service relevant for their offices.

13

When it comes to MPs, however, such a higher degree of

constitutional protection is not obviously required as the authority

to make laws rests only with them.

22.  The terms and conditions subject to which a person is either

appointed or elected to occupy the constitutional office is a matter

of policy choice. The appropriate legislature would be the

constitutionally designated authority to determine those conditions.

It is too  well settled in constitutional law that the  authority of

legislature to  make a  policy  choice  is  only  circumscribed by  the

limitations imposed by the Constitution, either by an express

provision or by a necessary implication arising out of the scheme of

the  Constitution.   It is a  well established  principle commencing

from  McCulloch’s  case27  and followed  by  a long line  of judicial

pronouncements28  that whatever is not prohibited by the

Constitution is permissible for the legislature.  

27 McCulloch v. Maryland, 4 Wheat. 316, 425-437, 4 L.Ed. 579 (1819):  “But  we think the  sound construction of  the  Constitution  must  allow to the  national  legislature  that

discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional.”

28 See State of Kerala v. N.M. Thomas, (1976) 2 SCC 310, para 107; see also State of Karnataka v. Union of India, (1977) 4 SCC 608, para 69

14

23. Further if we were to accept the argument that those

Constitutional functionaries who are entitled to pension by the text

of the Constitution form a distinct class exclusively entitled to the

payment of pension the result would be that the CAG, the

Chairman and Deputy Chairman of the Parliament or State

Legislature, and Ministers of the Centre and State would be

disentitled to pension.

24. Another argument advanced by the Appellants is that pension

is payable to an employee of State after his superannuation.  Since

MPs are not employees of State, they are not entitled for pension

nor the Parliament is competent to provide payment of pension to

the ex­MPs. In our opinion, there is a fallacy in the above

submission, insofar as it assures that pension is only payable to

former employees of State and nobody else.  Such a submission

emanates from the fact that certain payments made to the former

employees of State are called pensions and the misconception of the

Appellants that the expression ‘pension’ can only have one

meaning. There are various other categories of payments made by

15

State which are called ‘pensions’, such as, Old Age Pension, Widow

Pension, and Disability Pension etc.

25. The appellants have relied upon the decision in Alagaapuram

R. Mohanraj & Others v. Tamil Nadu Legislative Assembly,29 to

argue that the activity of MPs is not an “occupation” contemplated

by Article  19(1)(g)  of the Constitution of India and, therefore,  no

pension can be paid to ex­MPs or their ASSOCIATES.

26. In our opinion, this argument is only to be rejected, because it

once again is premised on the belief that the expression ‘pension’

has only one connotation in law. The question before this Court in

Alagaapuram R. Mohanraj  was whether a Member of the

Legislative Assembly is carrying on any occupation within the

meaning of Article 19(1)(g) of the Constitution of India.   The fact

that this Court held that this is not an occupation under Article

19(1)(g) need not necessarily mean that the Parliament is prohibited

from making payment of such allowances to MPs if it considers it

appropriate having regard to various relevant factors.  

29 (2016) 6 SCC 82. 16

27. The expression “allowances” of MPs occurring under Entry 73

of List­I of the Seventh Schedule,30 in our opinion, is wide enough to

cover the payment of “pension” and the other benefits covered by

the  impugned provisions to MPs or ex­MPs.   Even otherwise the

authority of Parliament under Entry 97 of List­I31 is wide enough to

cover the impugned legislation as held by Common Cause.  

28.  In this context, we  may recall the remarks  made by two

eminent  members  of the  Constituent  Assembly,  namely Dr.  B.R.

Ambedkar and Shri K.T. Shah to illustrate the fallacy of the

Appellants’ understanding.

29. Dr. Ambedkar, while debating the need to provide pensionary

benefit to the President of India, threw some light on the question:

whether the Constituent Assembly sought to exclude post

retirement benefits to Members of Parliament:  

“Therefore, in the form in which the amendment is moved, I do not think that it is a practical proposition for anyone to accept. But there is no doubt about the general view that he has expressed, that  after a certain period of service in Parliament, Members,

30 Entry 73 of List-I of the Constitution of India “Salaries  and  allowances  of  members  of  Parliament,  the  Chairman  and  Deputy  Chairman  of  the

Council of States and the Speaker and Deputy Speaker of the House of the People.” 31 Entry 97 of List-I of the Constitution of India   

“Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists.”

17

including the President, ought to be entitled to some sort of pension, and I think it is a laudable idea which has been given effect to in the British Parliament, and I have no doubt that our future Parliament will bear this fact in mind.”32

[emphasis supplied]

30. In debating  whether it  was necessary to  make an express

provision for the payment of pension to Governors after they demit

office, Shri Shah observed:

“The object of providing such security for the persons who have risen to this high level is the same as that which now secures to every workman in civilized nations an old­age pension, a pension or super­annuation allowance, which would be calculated to suffice to maintain him in the standard of  life to which he was accustomed while at work. A pension is deferred pay, not paid to the worker while at work; and the analogy will hold here also. This also is a type of work­perhaps the highest of its kind­ which should not go unprovided for altogether by the State for the rest of the period on earth of the Parties who have served so eminently the State.”33   

[emphasis supplied]

31. We are of the view that these questions are in the orbit of the

wisdom of the Parliament in choosing/changing the legislative

policy  whether the  various  benefits created under the impugned

provisions are rational having regard to the affluent financial status

of some of the MPs or the poverty of the millions of the population

etc. These are not justiciable issues. In this context, we may refer to

32 Constituent Assembly of India Debates, Vol. VII - Debate on Draft Article 48, 27th December 1948  33 Constituent Assembly of India Debates, Vol. VIII -  Debate on Draft Article 135A, 31st May, 1949

18

the  principle laid  down by  this  Court in  Dr.  P.  Nalla Thampy

Terah v. Union of India & Others34:

“If the provisions of the law violate the Constitution, they have to be struck down. We cannot, however, negate a law on the ground that we do not approve of the policy which underlies it. Can the Court, for example, strike down Rule 90 on the ground that the limit of rupees one lakh is too high in the Indian context? We may have  our  own preferences  and perceptions  but, they  cannot  be used for invalidating laws.”

32. An I.A. was filed in this appeal, which is required to be

disposed of. It was from Respondent No. 5, the Election

Commission of India, which has sought to be deleted from the array

of parties.   It is stated that neither is any relief sought from them

nor is any directive prayed for from Respondent No.5 in this appeal,

as this is a purely constitutional challenge.  

I.A. is  allowed.  Respondent  No.  5  stands deleted  from the

array of parties.

34 (1985) Supp SCC 189. 19

33. In view of the foregoing, the appeal stands dismissed, with no

order as to costs.  

….....................................J.                                             (J. CHELAMESWAR)

…......................................J.                        (SANJAY KISHAN KAUL)

New Delhi; April 16, 2018.

20