Breaking: Former Chief Ministers cannot occupy government bungalows, SC strikes down law by UP govt
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Breaking: Former Chief Ministers cannot occupy government bungalows, SC strikes down law by UP govt

Murali Krishnan

The Supreme Court has today struck down Section 4(3) of the UP Ministers (Salaries, Allowances, and Miscellaneous Provisions) Act, 1981 which allowed former Chief Ministers of the State to occupy government bungalows.

The Court held that that the provision is violative of Article 14.

“Once a person demits public office, there is nothing to distinguish them from common man”, the Court stated while holding that the test of reasonable classification will fail.

The judgment was delivered by a Bench of Justices Ranjan Gogoi and R Banumathi in a petition filed by NGO Lok Prahari.

In 2016, the Supreme Court had struck down the Constitutional validity of Rules formulated by Uttar Pradesh government which had allowed former Chief Ministers to occupy government bungalows for life.

That judgment was delivered by a Bench of Justices Anil R DaveNV Ramana and R Banumathi in a petition filed in by the same NGO, Lok Prahari.

Subsequently, the Akhilesh Yadav Government had amended the statute to get over the judgment.

During the hearing of the case, Amicus Curiae Gopal Subramanium had suggested that the scope of the hearing should be expanded to include Prime Ministers and Presidents too.

However, the Court turned down the same and said that it will decide only on the Uttar Pradesh law and the Centre and other States can ascertain the implications of the judgment on them if the law is struck down.

Read the judgment below.

Lok-Prahari-v.-State-of-UP.pdf
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