New Delhi, Jan 7: Former Presidents Pratibha Patil and Pranab Mukherjee and former PMs H D Deve Gowda, Atal Bihari Vajpayee and Manmohan Singh may have to vacate their Lutyens' Delhi government accommodations allotted to them on the basis of the high posts they held — if the Supreme Court accepts ex-solicitor general Gopal Subramanium's suggestions.
A bench of Justices Ranjan Gogoi and Navin Sinha had on August 23 last year appointed Subramanium as amicus curiae to assist the court in deciding a PIL by NGO 'Lok Prahari' challenging a law enacted by the Uttar Pradesh government that entitles former CMs to official accommodations. The bench had said: "We are of the view that the issue raised in this writ petition gives rise to questions of considerable public importance, which may also have an impact on pari materia (similar) legislation in force in different states and also central legislations, if any. We are of the view that there is necessity for indepth consideration and examination of the several facets of the issue involved."
Subramanium said after the holders of top constitutional posts demit office they are back to being ordinary private citizens and, hence, were disentitled to official housing. His opinion also has a bearing on accommodation provided, and sometimes turned into memorials, to families of departed leaders. Previously, the bungalow at 6, Krishna Menon Marg, was leased to the Babu Jagjivan Ram national foundation while other memorials include those to former PMs Jawaharlal Nehru, Lal Bahadur Shastri and Indira Gandhi.
Once an office-holder (President, PM, CM, etc) demits office, he or she ceases to be an occupant of that pubic office and is, therefore, shorn of all its adornments. He or she reverts to being a citizen of India, and ought to be granted no greater privilege than that afforded to other citizens of India, except for the minimal courtesies of protocol, pension and other regular post-retirement benefits," he said.
A bench of Justices Gogoi and R Bhanumathi on Friday posted the matter for hearing on January 16. Subramanium said allocation of official bungalows to former Presidents, PMs and CMs violated the right to equality. "Public property is not to be frittered away to private citizens, notwithstanding the high offices they may have previously occupied.
Any provision of law that grants accommodation to the 'former' holders of public office is ultra vires the Constitution as breaching Article 14," he said. Referring to government accommodation given to the widows or families of eminent persons, the ex-SG said: "The same principle would hold for those eminences who have passed away."
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