Supreme Court Issues Notice On PIL Against Post-Resignation Benefits For Constitutional Functionaries Resigning Mid-Term To Avoid Removal

The Supreme Court has issued notice in a writ petition filed under Article 32 of the Constitution seeking directions on the constitutional protocols, privileges, and retiral amenities accorded to high Constitutional Functionaries.

The plea prayed for directions declaring that any Constitutional Functionary who tenders his resignation to avoid being removed shall not be entitled to any perks, amenities, facilities and entitlements.

The Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana issued notice in the matter.

These Constitutional Posts are: 1. President of India, 2. Vice-President of India, 3. Governor of a State, 4. Prime Minister / Council of Ministers (Union), 5. Chief Minister / Council of Ministers (State), 6. Judge of the Supreme Court, 7. Judge of a High Court, 8. Comptroller and Auditor-General of India (CAG), 9. Chief Election Commissioner (CEC), 10. Attorney General for India and 11. Advocate General for a State.

The Petition raised a question of whether a Constitutional Functionary who is either elected or appointed for a particular tenure is under a constitutional obligation to complete the tenure and discharge the constitutional obligation imposed by such election or appointment.

The plea also raised a question of whether the High Constitutional Office necessarily imposes an unwritten constitutional obligation upon constitutional functionaries either to complete their tenure or to face a transparent procedure of removal.

The plea, filed by AOR Sangramsingh R Bhonsle, stated that when a Constitutional Functionary is either elected or appointed for a particular tenure, it is his constitutional obligation to complete the tenure and discharge the constitutional obligation imposed by such election or appointment in accordance with the Constitution of India.

It was submitted, "The Petitioner states and submits that the High Constitutional Office necessarily imposes an unwritten constitutional obligation upon such Constitutional Functionaries either to complete their tenure or to face a transparent procedure of removal. An easy option of resigning to avoid removal is neither contemplated nor desirable. These kinds of resignation defeats the confidence which the Constitution places upon the High Constitutional Functionaries."

It was also averred that these kinds of resignations to avoid facing a transparent procedure of removal comes only because the Constitutional Functionaries are fully aware that even after their resignations, they will be entitled to all perks and benefits with they would have got, had they completed their tenure. These provisions entitling the Constitutional Functionaries to continue to get perks and benefits even if they resign mid tenure, is the root cause of such unconstitutional and unprincipled resignations being tendered mid tenure, which further results in unjust entitlement to the Constitutional Functionaries, for life.

It was submitted, "Even after such resignation the Constitutional Functionaries are sure of continuing with the same perks, facilities etc. attached to their office. Such practice is an anathema to the constitutional grievance and is directly contrary to the Rule of Law which is the very basic structure of the Constitution of India. No Constitutional Functionary should be entitled to any perk, amenities or facilities if he / she tenders resignation in the midst of his / her constitutionally prescribed tenure."

The Petitioner submitted that in case of Non-Constitutional Functionaries, there are specific rules which do not permit such functionaries to resign if they are facing any departmental proceedings which may lead to punishment being imposed upon them, including the punishment for removal. The position of Constitutional Functionaries should be much higher than that of Non-Constitutional Functionaries, and they must demonstrate probity in public life by completing their tenure and, if required, facing the proceedings of removal like any other employee working for the nation.

The Plea prayed, "To declare that any provision which makes a Constitutional Functionary entitled to perks, amenities and facilities even after resignation mid tenure resignation just to avoid being removed as unconstitutional and ultra vires Article 14 of the Constitution of India...During pendency of the final disposal of the present petition, be pleased to direct the Respondent not to grant any perks, facilities, entitlements or amenities to those Constitutional Functionaries who have resigned after the process of removal has commenced and / or to avoid such commencement"

Cause Title: Pratik Vira v. Union of India & Anr. [Writ Petition(Civil) No. 1086 of 2026]