Open Access Research Article
PENSION AS CONSTITUTIONALLY PROTECTED PROPERTY: RECONCEPTUALISING THE RIGHT TO PENSION UNDER ARTICLE 300-A OF THE CONSTITUTION OF INDIA
Abstract
ABSTRACT
The
constitutional status of pension in India has undergone a significant
transformation from a governmental benefit to an enforceable legal entitlement
possessing the character of property. The Supreme Court’s decision in
Deokinandan Prasad v. State of Bihar marked the foundational stage of this
transformation by recognising the right to receive pension as a property right.
In D.S. Nakara v. Union of India, the Court further conceptualised pension as
deferred compensation for past service and as a measure of social security.
Following the Forty-Fourth Constitutional Amendment, the right to property
ceased to be a fundamental right, but Article 300-A preserved constitutional
protection against deprivation of property except by authority of law. The
Supreme Court subsequently reaffirmed in State of West Bengal v. Haresh C.
Banerjee and State of Jharkhand v. Jitendra Kumar Srivastava that pension
continues to constitute property protected by Article 300-A.
This
article examines pension through the framework of Property Law and
Constitutional Law. It argues that although pension originates in statutory or
service rules, once the prescribed conditions are fulfilled, the entitlement
acquires a distinct proprietary character. The State retains the power to
regulate pension through valid legislation and statutory rules; however,
administrative instructions or executive convenience cannot independently
authorise deprivation of an accrued pensionary entitlement. The article
analyses the distinction between regulation and deprivation, the meaning of
“authority of law” under Article 300-A, the significance of vested and accrued
rights, and the relationship between Articles 14, 21 and 300-A. It also
considers recent judicial developments and argues that pension jurisprudence
demonstrates the continuing constitutional protection afforded to intangible
economic interests.
Published Paper
Author Details
Authors: AMBIKA A
Registration ID: 1013118 | Published Paper ID: IJLRA13118
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 327-341
Article Information
PENSION AS CONSTITUTIONALLY PROTECTED PROPERTY: RECONCEPTUALISING THE RIGHT TO PENSION UNDER ARTICLE 300-A OF THE CONSTITUTION OF INDIA
Authors: AMBIKA A
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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