WP 984 of 1991
Salaries and Allowances of Members of Parliament Act, 1976

Summary :

The Salaries and Allowances of Members of Parliament Act, 1954 was amended by the Salaries and Allowances of Members of Parliament (Amendment) Act, 1976. Section 8A was introduced in the new Act, Salaries, Allowances and Pension of Members of Parliament Act, giving to Members of Parliament pensions on their satisfying certain conditions stated therein. Following this, Section 8A had been amended from time to time, increasing the rates of pension originally indicated. The constitutional validity of Section 8A was challenged. 

The question that the court addressed was that of competence of the Parliament to enact the said Section 8A. The court opined that the Parliament is competent as it was conferred upon the Parliament by the residuary Entry 97 of List I, and there was no provision that barred the payment of pension to Members of Parliament. On November 22, 2001, the court found it devoid of merit and dismissed the petition.