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Nation / Thu, 03 Sep 2026 Bar and Bench

Plea in Supreme Court to stop perks, amenities to Constitutional functionaries who resign to avoid removal

According to the petitioner, there is a general feeling amongst the common citizens that Constitutional functionaries avoid any proceedings after which they would be removed and to frustrate such proceedings, they tender their resignation. However, even after such resignation, they get the same perks, facilities etc. attached to their office. As per the plea,"Such practice is an anathema to the constitutional grievance and is directly contrary to the rule of law which is a 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 their constitutionally prescribed tenure, it was contended.

According to the petitioner, there is a general feeling amongst the common citizens that Constitutional functionaries avoid any proceedings after which they would be removed and to frustrate such proceedings, they tender their resignation.

However, even after such resignation, they get the same perks, facilities etc. attached to their office.

As per the plea,

"Such practice is an anathema to the constitutional grievance and is directly contrary to the rule of law which is a 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 their constitutionally prescribed tenure, it was contended.

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