Supreme Court seeks State's response to plea challenging lifelong pension for former MLAs, MLCs in Uttar Pradesh

The Supreme Court on Thursday sought the Uttar Pradesh government's response to a plea challenging a State law providing lifelong pension and other benefits to former Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLCs) [Lok Prahari v. The State of Uttar Pradesh & Ors.].

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued notice on the plea to the Uttar Pradesh (UP) government, returnable within four weeks.

The plea challenges a May 2026 Allahabad High Court judgment that upheld the constitutional validity of provisions of the Uttar Pradesh State Legislature (Members' Emoluments and Pension) Act, 1980, which governs salaries, allowances and pensions of UP legislators.

The High Court had dismissed a public interest litigation (PIL) petition filed by an NGO, Lok Prahari, which had challenged Sections 4, 5, 9, 13(3), 13(4), 15(2), 17-A and Chapter VIII of the 1980 Act.

These provisions provide various allowances and facilities to sitting legislators.

Notably, Chapter VIII provides pension and other post-tenure benefits to former members as well. The benefits so extended include family pension, travel and medical facilities for former legislators and certain benefits for their spouses, family members and companions.

The plea before the High Court challenged this. It referred to Article 195 of the Constitution, which empowers State legislatures to determine the salaries and allowances of members. The petitioner-NGO argued that the provision does not expressly mention pension and that "members" should be understood as sitting members, not former members/ legislators.

The High Court, however, had held that Article 195, read with Entry 38 of the State List in the Seventh Schedule, gives the State Legislature sufficient power to enact provisions relating to salaries, allowances and pensionary benefits for former legislators as well.

The High Court also rejected the argument that continuing financial benefits for legislators after their tenure is over was arbitrary.

It had held that former legislators could be treated as a distinct class. It said that the grant of post-tenure benefits was a matter of legislative policy, and that there was no constitutional prohibition or manifest arbitrariness in the same.

The High Court also relied on the Supreme Court's 2018 judgment in Lok Prahari v Union of India (2018), to hold that the issue of legislative competence to provide pensionary benefits to former legislators had substantially been settled.

The Allahabad High Court subsequently dismissed the PIL on May 13, 2026, holding that the challenge was essentially rooted in a policy disagreement. It observed that there was no constitutional embargo on providing pension, allowances or allied benefits to former legislators.

This ruling has now been challenged by Lok Prahari before the Supreme Court.

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