Uttar Pradesh Amends Laws to Revise Legislators' and Ministers' Emoluments and Pensions

The Uttar Pradesh State Legislature Members and Ministers Amenities Laws (Amendment) Act, 2025, an amendment Act (U.P. Act no. 13 of 2025), was enacted to further modify the Uttar Pradesh State Legislature (Members' Emoluments and Pension) Act, 1980, and the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981. The Governor assented to the legislation on August 21, 2025, following its passage by the Uttar Pradesh Legislature. This Act is deemed to have come into force retrospectively from April 1, 2025. The primary objective of this legislative action was to update and enhance the financial provisions and amenities available to current and former members of the State Legislature and Ministers, as well as their families.

The amendments introduced several key changes to the 1980 Act. The monthly salary for members was increased from twenty-five thousand rupees to thirty-five thousand rupees. A significant new provision mandates that members' salaries will be increased every five years, commencing from April 1, 2025, based on the Cost Inflation Index, a mechanism used to adjust for inflation as provided under clause (v) of Explanation to Section 48 of the Income-tax Act, 1961. Other allowances were also revised upwards; for instance, an amount in Section 4 was increased from fifty thousand rupees to seventy-five thousand rupees, and amounts in Section 5 were raised from four lakh twenty-five thousand rupees to five lakh rupees, and from one lakh rupees to one lakh fifty thousand rupees. Furthermore, the daily allowance for members was increased from two thousand rupees to two thousand five hundred rupees. A new proviso was inserted stating that members would not be entitled to daily allowance for days of absence from Assembly or Council sittings or committee meetings. A substituted sub-section clarified that members are entitled to a daily allowance of two thousand rupees per day for public service tours when other allowances are not admissible. This daily allowance, too, will be subject to five-yearly increases based on the Cost Inflation Index. The Act also omitted sub-section (3) of Section 15.

A comprehensive revision was made to the pension scheme for former members. The new provision stipulates that any person who has served as a member of the Assembly or Council for any period shall be entitled to a pension of thirty-five thousand rupees per month for life. Additional pension of two thousand rupees is granted for every completed year exceeding one term, and a specific additional pension of two thousand rupees (totaling thirty-seven thousand rupees) is provided for a first full six-year term as a Council member. For pension calculation, service of six months or more is now considered a full year. The pension and additional pension will also be subject to five-yearly increases based on the Cost Inflation Index, starting from April 1, 2025. The legislation provided: “The salary of members shall be increased after every five years commencing from 1st April, 2025 on the basis of Cost Inflation Index provided under clause (v) of Explanation to Section 48 of the Income-tax Act, 1961 (Act No. 43 of 1961).” Family pension provisions were also updated, ensuring that if a sitting or ex-member dies, their spouse, minor children, or unmarried daughters receive a family pension equal to the deceased member's admissible pension or thirty thousand rupees, whichever is greater. If multiple individuals are entitled, the pension will be shared equally. Amendments were also made to the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981, though specific details of these changes are not fully elaborated in the provided English text.

The legislative intent behind these amendments was to address the evolving economic landscape and ensure that the emoluments, allowances, and pensions for legislators and ministers remain commensurate with their responsibilities and the cost of living. The earlier statutory framework, comprising the 1980 and 1981 Acts, required updating to account for inflation and to provide more robust post-service benefits and family support. By linking periodic increases to the Cost Inflation Index, the Act aims to mitigate the erosion of real income due to inflation, thereby providing long-term financial stability for public representatives. The introduction of clearer rules for daily allowances, including conditions for non-entitlement during absence or confinement, streamlines the administration of these benefits. The revised pension structure acknowledges varying lengths of service and provides a more equitable system for former members. These changes collectively aim to enhance the welfare of those serving or having served in the Uttar Pradesh State Legislature and as Ministers, ensuring their financial security and that of their families.

Keywords: Uttar Pradesh, Legislature, Members, Ministers, Emoluments, Pension, Allowances, Amendment Act, 2025, Cost Inflation Index, Family Pension Geo Tags: India, Uttar Pradesh District: Not Applicable