Supreme Court quashes U.P. law allowing ex-CMs to retain official bungalows

Once such persons demit public office, there is nothing to distinguish them from the common man, said the Supreme Court.

Once such persons demit public office, there is nothing to distinguish them from the common man, said the Supreme Court.  

In written submissions filed in the apex court, the UP government had said “former chief minister” was a “class in itself.”

The Supreme Court rejected an Uttar Pradesh law which allowed former Chief Ministers use of the State official bungalows and comforts on taxpayers’ expense as “unconstitutional.”

A Bench led by Justice Ranjan Gogoi did not buy the justification made by Yogi Adityanath-led BJP government in Uttar Pradesh that its former Chief Ministers are considered a privileged class who deserve to enjoy certain benefits even after demitting office.

The Supreme Court’s verdict came on a petition filed by NGO Lok Prahari against laws enacted by the U.P. State Assembly which which allows former CMs and ministers official bungalows and staff at public expense.

In written submissions filed in the apex court, the UP government had said “former chief minister” was a “class in itself.”

“As the holder of such high posts in a democratic nation as ours it becomes imperative that the even after demitting the offices certain privileges are provided to such persons. The holders of other high constitutional posts have been classified as separate class even after demitting offices, like former chief justices and judges of High Courts and the Supreme Court, President, Prime Minster,” the State government had argued.

The petition filed by the NGO challenged the constitutional validity of the Uttar Pradesh Ministers (Salaries and Allowances and Miscellaneous Provisions) Amendment Act of 2016 and The Allotment of Houses under Control of the Estate Department of 2016.

The NGO had sought action against the State authorities for acting in contempt of a Supreme Court verdict in August 2016, directing them to ensure that the former chief ministers vacate the bungalows.

Amicus curiae and senior advocate Gopal Subramanium had submitted that it was a violation of Article 14 (fundamental right to equality) of the Constitution to allow former Chief Ministers to retain their official bungalows indefinitely. Once they demit office, they are just ordinary citizens not eligible for special privileges of office.

S.N. Shukla, for the NGO, had submitted that court should intervene now or the practice would extend to other States. He had submitted that there were States where former ministers are not only given bungalows but also cars and staffers whose expenses are drawn from the public exchequer.