SC sets aside law allowing government bungalows to former UP CMs
New Delhi, May 7: The Supreme Court on Monday set aside a provision of a law that allowed government accommodation to former Uttar Pradesh Chief Ministers, terming it "arbitrary and discriminatory" as it violated the concept of equality.
A bench headed by Justice Ranjan Gogoi said once a Chief Minister demits office, there was nothing to distinguish him or her from a common man.
Setting aside the provision of the law passed by the Uttar Pradesh Assembly, the bench said such bungalows constitute "public property which by itself is scarce and meant for use of current holders of public offices".
The apex court struck down Section 4(3) of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981, as amended in 2016, allowing former Chief Ministers of the state to be entitled to allotment of government accommodation for their life time.
The amendment was introduced by then Uttar Pradesh Chief Minister Akhilesh Yadav's government in 2016.
In its judgment, the top court said that "natural resources, public lands and public goods like government bungalows/official residence are public property that belongs to the people of the country".
"The 'Doctrine of Equality' which emerges from the concepts of justice, fairness must guide the State in the distribution/allocation of the same. The Chief Minister, once he/she demits the office, is at par with the common citizen, though by virtue of the office held, he/she may be entitled to security and other protocols.
"But allotment of government bungalow, to be occupied during his/her lifetime, would not be guided by the constitutional principle of equality," it added.
The bench said amended Section 4(3) of the 1981 Act recognised former holders of public office as a "special class of citizens", which is "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," the bench added.
"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 categorise previous holders of public office as a special category of persons entitled to the benefit of special privileges," the judgment stated.
"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.
The top court order came on a plea by NGO Lok Prahari challenging amendments to the Uttar Pradesh legislation allowing former Chief Ministers of the state to continue occupying government bungalows.
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Centre to support waste recycling start-ups: Union minister Yadav
Mumbai (PTI): Union Environment Minister Bhupender Yadav on Saturday said the Centre will provide financial support to the waste recycling start-ups, and also focus on saving energy and water along with banning single-use plastic.
The minister was speaking after taking part in a Beach Cleanup Campaign at the Juhu beach here as part of the International Coastal Clean-up Day.
"The central government will support start-ups for recycling. My ministry has given guidelines for one-time financial support to such start-ups," he said.
"We know how to use nature's products, but forget to recycle them and litter on beaches and roads. Our focus will be on saving energy, water, banning single-use plastic and stopping wastage of food, promoting healthy lifestyle and e-waste disposal," Yadav said.
Maharashtra Chief Minister Eknath Shinde said the state was blessed with a 720 km-long coastline, and keeping it clean will boost tourism.
The economy of several countries is tourism-based, he noted.
The cleanliness drive launched on September 17 at Girgaum Chowpatty in south Mumbai will continue till October 2, he said.
Calling cleanliness as a service, Shinde expressed satisfaction that citizens from all over the state were taking part in the drive in large numbers.
The CM said the deep cleaning drive started by the Brihanmumbai Municipal Corporation (BMC) will restart after monsoons where roads are cleaned with recycled water.
"Due to this drive, pollution has also come down," he said.
Talking to reporters later, CM Shinde said awareness regarding cleanliness has grown ever since the 'Swachh Bharat Abhiyan' was launched by Prime Minister Narendra Modi.
