Login : Advocate | Client
Home Post Your Case My Account Law College Law Library

Report No. 53

3. Legislative competence.-

Before we proceed to discuss the Act in detail, we should indicate that the application of the Act is excluded from areas formerly comprised in Part B States. This is presumably because of the fact that while "Union pensions"-i.e. pensions payable by the Government of India or out of the Consolidated Fund of India-are within the competence of Parliament1, the subject of "State pensions"-i.e. pensions payable by a State or out of the Consolidated Fund of a State-is within the exclusive competence of the States.2

It is not very clear why the application of the Act to Part B States in respect of Union pensions was not decided upon. One possible reason might have been that this would have made the extent clause of the Act, rather complicated, and the distinction, though theoretically justified, would have looked inelegant. It is needless to say that even as regards areas to which the Act extends at present, any amendment now to be made in the Act will be inapplicable to State pensions, because of the relevant legislative entry.3

1. Constitution of India, Seventh Schedule, Union List, Entry 71.

2. Constitution of India, Seventh Schedule, State List, Entry 42.

3. State List, entry 42.

Effect of The Pensions Act, 1871 On the Right to Sue for Pensions of Retired Members of the Public Services Back

Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys