A division bench of the Rajasthan High Court, comprising Justices P.S. Bhati and Vineet Kumar Mathur, dismissed a PIL challenging the law that grants pensions to former MLAs. The court observed that the constitutional framework governing benefits for MLAs and MPs is largely similar, and the Supreme Court has already settled the issue of pensions for MPs. Hence, the matter can no longer be treated as an unresolved legal question.
The bench clarified that pension is not confined only to an employer-employee relationship or government service, but is also recognized under various other legal categories. It further stated that merely because the word “pension” does not appear in Article 195 of the Constitution does not mean the legislature lacks the authority to enact laws related to pensions.
Emphasizing the scope of judicial review, the court said law-making falls within the domain of the legislature, while the court’s role is limited to examining legislative competence. The petition, filed by Milap Chand Dandia, had challenged provisions of the Rajasthan Legislative Assembly Members’ Pension Act, 1956. The state government defended the law by relying on the Supreme Court’s ruling in the Lok Prahari case, under which the legislation was held to be valid.
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