SC strikes down UP law allowing ex-CMs to keep govt house

Written by May 7, 2018 12:00

New Delhi: Supreme Court today struck down the amendment in Uttar Pradesh legislation allowing ex-Chief Ministers of the state to continue occupying government accommodation even after demitting office.

Justice Chelameswar said, there was a Constitution bench verdict on the master of the roster and the petition should be mentioned before the CJI.

A bench headed by Justice Ranjan Gogoi said the amendment in the legislation was ultra vires to the Constitution since it transgresses the concept of equality under the Constitution.

The bench said the amendment was “arbitrary, discriminatory” and violates the concept of equality. The apex court said that once such persons demit public office, there is nothing to distinguish them from the common man.

The bench said the amendment was "arbitrary, discriminatory" and violates the concept of equality.

The court, on 19th April, had reserved its verdict on an NGO’s plea challenging amendments to the UP legislation.

The top court had earlier observed that if the provision, which has been challenged by NGO Lok Prahari, was held invalid, then similar legislation in other states might also come under challenge.

The NGO had challenged the amendments made by the erstwhile Akhilesh Yadav government to the 'UP Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981'.

The NGO had challenged the amendments made by the erstwhile Akhilesh Yadav government to the ‘UP Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981’.

It had also challenged another UP law of 2016 called ‘The Allotment of Houses under Control of the Estate Department Bill-2016’ to regulate the allotment of government accommodation to trusts, journalists, political parties, speaker and deputy speaker of legislative assembly, judicial officers and government officials.