SC asks if former Presidents, PMs, Governors and CMs be given government bungalows

The Supreme Court on Wednesday sought to know whether former Presidents, Prime Ministers, Governors and Chief Ministers be given government bungalows for accommodation.

The bench of Justices Ranjan Gogoi and R Banumathi sought a response from the Centre and the states that have similar laws on the heels of Senior advocate Gopal Subramanium's suggestions that a person is not entitled to official accommodation once he demits office.

Though the petition filed by NGO Lok Prahari had limited their challenge to former Chief Ministers occupying official accommodation, Subramanium expanded the scope of the petition to include presidents, prime ministers, and governors as well.

The senior advocate is examining the validity of a rule amended by Uttar Pradesh allowing it to allot government bungalows to its former Chief Ministers.

The bench took cognisance of the suggestions submitted by Subramanium and thereafter directed the Centre and the States - that have similar laws to respond.

Subramanium, who is assisting the top court in this matter, on January 4 had raised a substantial question of law: Whether the equality clause contained in Article 14 of the Constitution of India enables public houses to be retained by persons even after they demit office?"

In his submission before the top court, Subramanium had suggested that the Uttar Pradesh law was arbitrary and liable to be struck down. Ministers who demitted office did not require public property. "A large number of bungalows had also been given to trusts," he had submitted.

The Supreme Court was hearing a petition filed by NGO Lok Prahari that challenged the allotment of bungalows to former CMs. Last year, on August 23, the top court had appointed Subramanium as the amicus to assist in this matter.

In 2016, the apex court had ruled that allotting government bungalows to former CMs was bad in law and they should hand over possession of the bungalows occupied by them. However, in a PIL, NGO Lok Prahari alleged that Uttar Pradesh had amended its rule allowing the former CMs possession of the bungalows to defeat the top court's order.

‘Arbitrary Law’

• In his submission before the top court, senior advocate Gopal Subramanium had suggested that the Uttar Pradesh law was arbitrary and liable to be struck down. 
• Ministers who demitted office did not require public property.