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  • UP Former CMs Can’t Stay In Govt Bungalows: SC

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UP Former CMs Can’t Stay In Govt Bungalows: SC

Courtesy/By: SANJEEV SIROHI  |  01 Jun 2018     Views:832

 Coming straight to the core issue, let me begin at the very beginning by first and foremost expressing my utmost satisfaction to note that the Supreme Court just recently on May 7, 2018 in the landmark case of Lok Prahari Through Its General Secretary v The State Of Uttar Pradesh & Ors in the writ petition (C) No. 864 of 2016 struck down a provision of an Uttar Pradesh law titled Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 that let former Chief Ministers retain government bungalows even after they have demitted office and their term ends! Why should the former UP Chief Ministers continue to enjoy the privileges even long after they have demitted office and their term ends? Why should they not be made to vacate government bungalows just like we see in the case of other public servants?  

                           While craving for the exclusive indulgence of my esteemed readers, let me inform here that a two-Judge Bench of Justices Ranjan Gogoi and R Banumathi minced no words absolutely in stating categorically that, “Chief Ministers are at par with the common citizens once they demit office and allowing them to retain their bungalows at public expense would amount to creating a separate class of citizens.” Who can deny or dispute this? Justice Ranjan Gogoi further minced no words in putting across very straight that, “The Chief Minister once he or she demits the office, is at par with the common citizen, even if by virtue of the office held the person may be entitled to security and other protocols. But allotment of government bungalow, to be occupied during lifetime, would not be guided by the constitutional principle of equality.” It is most striking to note that despite having sharp political differences and being at loggerheads with each other, all leaders of different political parties were united in backing this unjustified privilege conferred by leaders on themselves!  

                                 For my esteemed readers exclusive indulgence, let me also inform them that the Apex Court quashed Section 4(3) of UP Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 which mandated allotment of official bungalows to former UP Chief Ministers. This was legislated by the Samajwadi Party government in 2016 for allotting these official bungalows to former UP CMs. As per this provision, a government residence shall be allotted to a former Chief Minister for life time, on payment of such rent as may be determined from time to time by the estate department of the state. This provision which was enacted by former UP CM Akhilesh Yadav was not altered even after the BJP assumed office in 2017 and it continued operating like earlier.

                                      Truth be told, the rules were intended to frustrate the Supreme Court’s 2016 verdict in which it had directed six former Chief Ministers – Mayawati, Mulayam Singh Yadav, Rajnath Singh, Kalyan Singh, Ram Naresh Yadav and ND Tiwari – to vacate bungalows and set aside a rule framed by the state for giving them accommodation. The Bench said the impugned legislation can very well be construed an attempt to override the judgment of this court. The Bench also said that, “Undoubtedly, Section 4(3) of the 1981 Act would have the effect of creating a separate class of citizens for conferment of benefits by way of distribution of public property on the basis of the previous public office held by them.”       

                                         To put things in perspective, the Apex Court was hearing a petition filed by NGO Lok Prahari. Earlier, the UP government had in 1997, introduced a set of rules to provide government accommodation to former Chief Ministers for life. The NGO, Lok Prahari had challenged this in the Supreme Court, which struck down the rules in August 2016. The State of UP subsequently amended Section 4 of the 1981 Act, by which former Chief Ministers are entitled to government accommodation for their lifetime.

                                         Needless to say, the NGO Lok Prahari argued that in its verdict in August 2016, Supreme Court had held that allotment of government bungalows to former Chief Ministers was bad in law and they should hand over possession of the bungalows occupied by them. The amendments were made only to circumvent the Apex Court order. The Supreme Court Bench in Para 39 rightly held that, “Undoubtedly, Section 4(3) of the 1981 Act would have the effect of creating a separate class of citizens for conferment of benefits by way of distribution of public property on the basis of the previous public office held by them. Once such persons demit the public office earlier held by them there is nothing to distinguish them from the common man. The public office held by them becomes a matter of history and, therefore, cannot form the basis of a reasonable classification to categorize previous holders of public office as a special category of persons entitled to the benefit of special privileges. The test of reasonable classification, therefore, has to fail. Not only that the legislation i.e. Section 4(3) of the 1981 Act recognizing former holders of public office as a special class of citizens, viewed in the aforesaid context, would appear to be arbitrary and discriminatory thereby violating the equality clause. It is a legislative exercise based on irrelevant and legally unacceptable considerations, unsupported by any constitutional sanctity.”  

                                  Furthermore, the Apex Court Bench in Para 40 stated that, “Consequently, we hold that Section 4(3) of the 1981 Act cannot pass the test of Article 14 of the Constitution of India and is, therefore, liable to be struck down. We, therefore, hold that the aforesaid Section 4(3) of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 is ultra vires the Constitution of India as it transgresses the equality clause under Article 14. The writ petition in question, therefore, is allowed.”

                                            As it turned out, while opposing the writ petition filed under Article 32 of the Constitution, the state contended that the writ jurisdiction of the court could be invoked only where there is a direct infringement of the fundamental rights of the petitioner. To this the Bench reacted by saying that, “While it is true that Article 32 of the Constitution is to be invoked for enforcement of the fundamental rights of a citizen or a non-citizen, as may be, and there must be a violation or infringement thereof, we have moved away from the theory of infringement of the fundamental rights of an individual citizen or non-citizen to one of infringement of rights of a class.” The Bench said this transformation is the foundation of “Public Interest Litigation” or “class action”  suits.   

                                                 Going forward, though the matter referred to the UP Act, the Apex Court said that it had, during the hearing, thought it appropriate “to inform” other states and union territories who may have similar provisions. Only Odisha, Assam, Tamil Nadu and Bihar responded. Though Tamil Nadu and Odisha had no such provisions, Bihar and Assam had such provisions by way of executive instructions.

                                       By the way, the Centre also informed the Apex Court that it provides accommodation to former Presidents, Vice-Presidents and Prime Ministers. Additional Solicitor General Aman Lekhi pointed out that the issue came up for consideration of the Apex Court in the landmark case of Shiv Sagar Tiwari vs Union of India and others (1997) 1 SCC 444 and the court had approved the same. Senior advocate Gopal Subramanium, who assisted the court as amicus curiae, asked the Bench to expand the scope of the PIL and extend it to former Presidents and Prime Ministers. This suggestion was promptly opposed by the Centre, which said an exception for former Presidents and PMs was made by the top court itself by a 1997 judgment delivered by a three-Judge Bench which cannot be interfered by a bench of two Judges!   

                                           It needs no Sherlock Holmes to conclude that this is a landmark ruling which is applicable to all the former Chief Ministers of Uttar Pradesh.  They will now be made to vacate their bungalow which they have been occupying since many years. ND Tiwari is occupying a bungalow in Mall Avenue in Lucknow from 1989 till now that is for 29 years, Kalyan Singh also at Mall Avenue for 27 years from 1991 till now even though he is now the Governor of Rajasthan, Rajnath Singh who isUnion Home Minister for 18 years from 2000 at Kalidas Marg, Mulayam Singh Yadav in Vikarmaditya Marg for 26 years from 1992 till now, Mayawati from 1995 till now for 23 years at Mall Avenue and Akhilesh Yadav from 2016 till now that is 2 years at Vikramaditya Marg! This blatant abuse of status symbol must come to an end now and bungalows too like beacons must be done away with for former CM and PM among others!

                                   But this landmark ruling should not be restricted to just UP alone. It must be applied to all States. Also, this rule must be extended to former Presidents and former Prime Ministers as was asked by senior advocate Gopal Subramanium from the Bench! Only then will it serve its true purpose of checking gross abuse of huge bungalows by those high dignitaries who continue occupying such sprawling bungalows even decades after they cease to hold any office thus depriving others who rightfully deserve to occupy it! In US, even the former Presidents have to vacate official bungalows! Same should be the case in India also! Just like beacons on cars for VIPs has been done away with, this bungalows for ex-CM, ex-PM, ex-MLA, ex-MP, ex-President and ex-Governor among others too should be discarded! No doubt, the Apex Court verdict is certainly landmark and laudable which must be fully and firmly implemented not just in UP alone but also in all the states in India uniformly so that a loud and clear message goes out to all politicians that perks and privileges cannot be in perpetuity!   


Courtesy/By: SANJEEV SIROHI  |  01 Jun 2018     Views:832

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SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
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RBI Changes Features Of New Currency Notes. Bombay...
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Interest Of Victim And Society At Large Must Also ...
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Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:4876
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:1237
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:718
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:733
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:849
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:639
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
17 Jul 2019     Views:779
Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:734
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1093
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1311
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:717
Right To Shelter A Fundamental Right; State Has Co...
08 Jul 2019     Views:767
HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:646
Centre Is Legally Empowered To Create A High Court...
05 Jul 2019     Views:1115
Centre Must Now Immediately Order Creation Of HC B...
03 Jul 2019     Views:642
UAPA: SC Dismisses PFI Leader’s Plea Seeking Dis...
02 Jul 2019     Views:868
How To Record The Evidence Of Deaf And Dumb Rape V...
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Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:1635
Enact Strict Law To Ensure Personal Safety Of Doct...
26 Jun 2019     Views:1507
Mere Aggressive Behaviour Of Wife Not A Ground Of ...
26 Jun 2019     Views:1739
Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:698
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:785
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:2359
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:1746
My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:1043
Solitary Confinement Of Death Convict Prior To Rej...
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Section 498A & 306 IPC: Incidents Which Happened M...
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Why Should UP Have Least High Court Benches In Ind...
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Successive Bail Applications Should Be Placed Befo...
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“Drop This Episode From Your Minds And Gossips...
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Is The Criticism Of In-House Procedure Justified?...
20 May 2019     Views:928
Mere Pendency Of Civil Case Between Complainant An...
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Section 482 CrPC: HC Should Assign Reasons As To W...
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Delhi High Court Directs Government To Set Up 18 F...
20 May 2019     Views:759
No New Appointments To Be Made From In-Service Can...
18 May 2019     Views:762
Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:2356
Nations Must Make Gun Laws More Stricter...
04 Apr 2019     Views:2936
SC Designates 37 Lawyers As Senior Advocates...
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SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
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Islamabad High Court Rejects Plea Against Release ...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Educated Woman Supposed To Be Fully Aware Of Conse...
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Magistrate Shall Specify Whether Sentences Awarded...
23 Feb 2019     Views:1755
Mere Inability To Repay Loan Does Not Constitute C...
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Inability To Establish Motive In A Case Of Circums...
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Court Has to Confine Itself To The Four Corners Of...
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Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:883
Successive Applications For Recalling Witnesses Sh...
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Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:1634
Autonomy Of the Bar Cannot Be Taken Over By The Co...
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Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:1537
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:1707
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:1926
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:1212
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:1384
Rape And Murder Of 8 Year Old Girl: SC Commutes De...
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Mere Allegations Of Harassment Without Proximate P...
23 Jan 2019     Views:1945
Legal Article Why Should They Speak Lies: Decease...
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22 Jan 2019     Views:824
NCW is a Lame Duck or Legal Guardian for women...
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Quick Divorce in India...
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4 Important things to file Divorce in Chennai...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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Suspicion, Howsoever Grave, Can’t Substitute Pro...
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recheck...
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12 Dec 2018     Views:1262
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11 Dec 2018     Views:1288
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26 Nov 2018     Views:1602
SLP Against Death Sentence Shall Not Be Dismissed ...
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SC Allows Live-Streaming Of Public Proceedings In ...
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Sexual Offenders Registry For Law Enforcement Agen...
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Men Too Have Right Not To Be Defamed And Denounced...
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Courts Have To Adequately Consider Defence Of The ...
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26 Nov 2018     Views:1598
Aadhaar Held Mandatory For Government Subsidies An...
26 Nov 2018     Views:1074
Legal Article Now Bar Council ID Card Is Valid Id...
01 Nov 2018     Views:1792
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Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:2921
There Cannot Be Any Mechanical Denial Of Appointme...
23 Oct 2018     Views:2048
Rights Of Accused Far Outweigh That Of Victims, Ne...
23 Oct 2018     Views:1026
SC Strikes Down 158 Year Old Adultery Law Under Se...
23 Oct 2018     Views:1675
Extra-Judicial Confession Of Accused Need Not In A...
23 Oct 2018     Views:1228
Leaders Of Outfits Calling For Mob Violence Liable...
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Section 377 IPC Decriminalised Partially By Supre...
23 Oct 2018     Views:1331
New CJI Ranjan Gogoi Is Determined To Ensure Sweep...
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Court Must Not Go Deep Into The Matter While Consi...
26 Sep 2018     Views:1616
Reputation Of An Individual Is An Insegregable Fac...
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18 Sep 2018     Views:3242
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Uttarakhand HC Dismisses “Contempt Petition” A...
14 Sep 2018     Views:1168
SC Stresses On Need To Develop And Recognize ‘De...
08 Sep 2018     Views:1109
Mirchpur Dalit Killings: “Atrocities Against SCs...
08 Sep 2018     Views:1224
SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:1491
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:2275
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1081
Uttarakhand HC Issues Directions For Conserving ...
28 Aug 2018     Views:1670
12 Year Old Girl’s Rape And Murder: Constitute P...
28 Aug 2018     Views:1286
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1029
Special Squad, Police Patrolling Every 24 Hours To...
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NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1122
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:1269
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:1312
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:1166
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:1596
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:1503
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1170
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1065
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1134
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:2300
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:2033
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:2387
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:1597
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:966
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:903
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:1125
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:999
Why Centre is Providing Security For Separatists B...
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Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
05 Jul 2018     Views:3440
Every Indian Should Salute Brave Soldier Aurangzeb...
05 Jul 2018     Views:2205
Uttarakhand HC Issues Directions To Curb Drug Pedd...
05 Jul 2018     Views:1781
Have A Functional National Law University Within 3...
05 Jul 2018     Views:1469
Establish Regional Bench Of AFT In The State Withi...
05 Jul 2018     Views:889
Cancel Licences of Drivers Using Cell Phones; Helm...
05 Jul 2018     Views:808
Uttarakhand High Court Puts Restrictions On Noise ...
05 Jul 2018     Views:880
Supreme Court To Look Into Validity Of Amended Law...
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Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:1891
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:1334
Free Mentally Ill Children And Formulate Policies ...
11 Jun 2018     Views:1737
Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:2103
Right Of Adult Couple To Live Together Without Mar...
06 Jun 2018     Views:1469
Why BJP Will Be Wiped Out In West UP And UP?...
06 Jun 2018     Views:1608
Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:1067
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:906
Why Is BJP Not Creating More Benches In UP?...
01 Jun 2018     Views:903
Probation Period To Count For New Civil Servants B...
01 Jun 2018     Views:2427
SC Women Lawyers Association Seeks Chemical Castra...
01 Jun 2018     Views:879
SC Finally Steps In To Expedite POCSO Cases...
01 Jun 2018     Views:1811
UP Former CMs Can’t Stay In Govt Bungalows: SC...
01 Jun 2018     Views:832
Make BCCI A Public Body: Law Panel...
01 Jun 2018     Views:921
Self-Styled Godman Asaram Awarded Life Until Death...
01 Jun 2018     Views:944
Why Cases Withdrawn Against Stone Pelters In Kashm...
01 Jun 2018     Views:1024
A High Court Bench For West UP In Meerut Is Impera...
01 Jun 2018     Views:1128
People Of Karnataka Should Worship Congress...
01 Jun 2018     Views:1148
Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:903
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:946
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:816
Will Electoral Bonds Usher In Transparency?...
19 Feb 2018     Views:805
How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:878
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:1143
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:882
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:849
Soldiers Have Every Legal Right To Kill Stone Pelt...
12 Feb 2018     Views:1991
Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:888
Female Foeticide Must Be Punished Most Strictly...
10 Feb 2018     Views:861
Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:812
New Consumer Protection Bill 2018 Will Entail More...
10 Feb 2018     Views:816
CJI Brings Out A Roster To Allot Cases...
10 Feb 2018     Views:1365
Five Year Jail Term For Lalu In Third Fodder Scam ...
10 Feb 2018     Views:901
SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
07 Feb 2018     Views:800
Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
29 Dec 2017     Views:1388
Enviornment protection is for saving universe...
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RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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PROBLEMS WITHIN THE EXISTING POLICE SYSTEM...
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RIGHT TO PRIVACY AND DIRECTION FOR MANDATORY AADHA...
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THE PARADOX OF PLEA BARGAINING...
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JOURNEY OF EVMs AMIDST CONTROVERSIES ...
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UIDAI suspends Airtel, Airtel Payments and Banks e...
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2G Scam : The 2G Scam and much more...
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Kerala teen surveillance case: Invasion of Privacy...
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Motherhood or Employment- the judicial perspective...
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