SHOULD LEGISLATORS GET
PENSION?
-Ayushi
Jaryal*
In March 2018, a bench of Justice J. Chelameshwar
and Sanjay Kishan Kaul dismissed a PIL challenging the perks including travel
allowances given to former Parliamentarians. The rationale given behind
dismissing this PIL was that the benefits and pension given to former
parliamentarians is “justified” in order to maintain
their dignity even after they complete their tenure. However, there is a fresh
petition filed in the Supreme Court against the vague verdict given by the apex
court.
In India the salaries, allowances,
pensions, benefits and perks given to Members of Parliament is regulated by an
act called [Salary, Allowances and Pension] of Members of Parliament Act, 1954.
Up until 2018, the Parliament periodically revised the salaries of MPs, however
the same year the Parliament through the Finance Act, amended this law and
provided for revising and increasing salary, daily allowance, and pension of
MPs based on the cost inflation index, which addresses the issue to a certain
limit but not entirely. In addition, in the wake of a global pandemic, making a
path breaking move, the parliament for the first time in the history of
independent India, also passed two ordinances Salary, Allowances and Pension of Members of Parliament (Amendment)
Ordinance, 2020 and Salaries and Allowances of Ministers (Amendment) Ordinance,
2020 which reduces the basic salary of MPs by 30% and sumptuary
allowances of Ministers by 30% respectively just for a period of one year that
came into effect from 1st April, 2020, whereas there is a need for
concrete and substantive need for reforms in this regard and to do away with
the wasteful practice of granting pension to politicians.
On 15th
August 1947, Pandit Jawaharlal Nehru made a speech as the first Prime Minister
of a newly independent India and identified himself as the “First Servant” of
the Indian people, he further added that he was in this position because the people
willed it so and he would remain there so long
as they choose to honor him with their confidence, hence, instituted the very
foundation of politics in a democracy which is that politics is not job or an
employment but a free service that that people choose to offer. This principle
points to a very clear assertion that politicians are no different from the
people that elected them, whom they serve and there is no need to grant
superfluous perks and privileges that come out of the pockets of their electors.
Unlike other government jobs that specify basic criteria of educational
qualification and age limit etc that are to be met whereas there is no mention
of the likes of such under Peoples Representation Act. There is also no mention
of retirement on its reconstruction, but they can be re-elected in the same
situation again. The point to be noted is that all MPs are eligible for pension
and it keeps increasing for every subsequent year after the first five. Another
problematic point disorder is that if a person has been a councilor first, then
goes on to become legislator and then a member, then he is entitled to not one
but the pensions of all three post, which seems like nothing but a flagrant
cover up of attempts to continue a politicians decadent lifestyle.
Adding to the array
of disappointing lawmaking, according to The Salary, Allowances, and Pension of
Members of Parliament (Amendment) Bill, 2010 the spouse of an MP is
allowed to travel from place of residence to Delhi any number of times by
railway in first-class air conditioned or executive classes. Furthermore, Section
6 of The Salary and allowances of ministers provides for covering the
travelling expenses of not only ministers but also their spouses and other
dependents. Therefore, the question arises that why should an honest taxpaying
citizen of the country bear the brunt of their luxurious trips. Moreover, MPs are entitled to health care
system even after retirement, even though most of politician get treatments
done abroad and then get compensated under this system. Besides all of this,
MPs are also given concessions on phone bills, electricity bill and water bills
and some of these concessions are subject to regular increase. There is a need
to discard these extravagant privileges in today’s day and time, all these
bills should come out of their own pockets like any other citizen.
The most potent
argument to establish the fact that there are flaws in the current system is that,
as of now the power to grant privileges to the legislature lies with the
legislature itself. This violates a very basic principle of natural justice
i.e. “No one shall be the judge of their own cause.” It is also akin to the
accused being its own judge, then whatever shall happen to the victim seeking
justice. As stated in Section 9 of The Salary, Allowances and Pension of
Members of Parliament Act, 1954, power to make rules lies with a joint
committee which shall constitute members of both houses of the Parliament, members
from the Council of States nominated by the Chairman and ten members from the
House of the People nominated by the Speaker, thereby, creating a conflict of
interest in the matter by arbitrarily voting in their own favor. A simple
solution to this problem maybe setting up of an autonomous body that deals with
the allowances of MPs, while in 2018 the Supreme court did take the matter into
consideration , there has been no step forward in that direction. Setting up of
such a body will also prevent Mps voting for their own cause. Travel allowances should be allowed with
more reasonable restrictions like; its scope should only extend to politician
discharging his/her duty and therefore should not extend to spouse or
dependents.
Another aspect that
has to be kept in mind while making these reforms is that candidates that loose
elections are also entitled for pension which basically means reward without
work as well as politicians who not only have criminal proceedings pending against
them but have also been convicted are also availing this perk. The case in
point is of Om Prakash Chautala, former Chief Minister of Haryana who was
convicted for a period of ten years in 2013 for involvement in teacher recruit
scam. Therefore, registered candidates for election should go through a
background check first. Suspicious persons with punitive records, criminal
charges and determination, past or present should be banned from the
Parliament.
Pension and arbitrary
privileges to MPs seems like a great betrayal with the citizens of India.
Directing the funds used for granting the same towards public welfare appears
to be a better option in a country such as ours and especially post a global
pandemic. Instead of insuring ‘dignity’ of former parliamentarians we would be
better off ensuring and maintaining the dignity of each and everyone. This step
will also push ex-MPs to pursue alternate career paths that might in turn
generate employment options for hundreds of others.
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