The Supreme Court of India has called upon the Central government to respond to a public interest litigation (PIL) aiming to revoke the entitlements of Constitutional functionaries who resign to dodge removal from office. This judicial notice, issued by a bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, seeks to address concerns raised by petitioner Pratik Vira regarding a perceived trend among Constitutional officers.
Vira’s petition argues that officeholders resigning amidst proceedings—whether for removal or due to a no-confidence motion—should forfeit their official perks and entitlements. The plea articulates that allowing such individuals to retain benefits post-resignation undermines the rule of law, a fundamental principle of India’s constitutional framework.
According to the petitioner, this practice creates an impression among the public that such resignations are a strategic means to circumvent accountability, while still enjoying the privileges associated with their former roles. The practice is deemed by the petitioner as contrary to the spirit of constitutional governance.
The plea strongly contends, “No Constitutional functionary should be entitled to any perks, amenities, or facilities if they tender resignation before completing their constitutionally mandated tenure.” The petitioner highlights that similar provisions exist for non-Constitutional functionaries, who are barred from resigning amidst departmental inquiries. It argues that Constitutional functionaries should be held to a higher standard of public integrity.
The petitioner calls for a declaration that any provision allowing resigned Constitutional functionaries to retain perks is unconstitutional. This move seeks to elevate accountability and ethical governance among high-ranking officials.
Representing the petitioner, Advocates Sangramsingh R Bhonsle, Pushkara A Bhonsle, Sneha S Bhonsle, Sanmitra YP, Shruti Sharma, and Bhramjyot Singh presented the case in court, advocating for a reevaluation of the current allowances for resigning Constitutional functionaries.
