The Supreme Court on September 10, sought the Uttar Pradesh government's response to a challenge against statutory provisions providing pension and other post-tenure benefits to former Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLCs).
A Bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice to the State government, returnable in four weeks.
Background
The petition, filed by NGO Lok Prahari, challenges the Allahabad High Court's May 13, 2026 judgment which upheld the constitutional validity of several provisions of the Uttar Pradesh State Legislature (Members' Emoluments, Allowances and Pension) Act, 1980.
Before the High Court, Lok Prahari questioned provisions dealing with allowances, pension, family pension and other facilities available to legislators and former legislators.
The petitioner had argued that Article 195 of the Constitution permits State legislatures to make laws concerning salaries and allowances of their members, but does not expressly refer to pensions.
The Allahabad High Court rejected the challenge, holding that the Constitution does not prevent the State Legislature from providing social-security measures to present and former legislators. It also found no manifest arbitrariness under Article 14.
The Supreme Court has now agreed to examine the challenge and sought the State's response.
The High Court had observed:
"There exists no Constitutional embargo upon the State Legislature in enacting a measure of social security for its ‘Members’, as well as ‘former members’."
The Supreme Court issued notice to the Uttar Pradesh government on the challenge and made the notice returnable in four weeks.
Case Details
Case Title: Lok Prahari v. State of Uttar Pradesh & Ors.
Case Number: SLP (C) No. 26752/2026
Judge: Justice Vikram Nath and Justice Sandeep Mehta
Decision Date: September 10, 2026
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