Supreme Court Dismisses Plea To Restore Concession In Railway Tickets For Senior Citizens

A Bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah, while rejecting the petition moved a party-in-person, observed,

"In view of the aforesaid reasons and the matter involving a fiscal issue, it won't be appropriate for this Court to issue a writ of the nature the petitioner seeks under Article 32 of the Constitution. It is for the Government to take a call on the policy decision, keeping in mind the needs of the senior citizens and the fiscal repercussions. Dismissed with the aforesaid directions."

During the hearing, the party in person argued that the concession was withdrawn during the Covid-19 period. Being a welfare state, the government has an obligation to restore it.

"Senior citizens in our country constitute 10% of the population. With the advent of COVID-19, the concession was withdrawn. Around the world, senior citizens are given many concessions and other benefits”, the petitioner argued.

"I agree with you but what to do? These are aspects of state policy. We may feel that concession should be granted. Can we issue a mandamus saying that concession must be granted? That is the issue….", the Bench orally observed.

Relying on Article 21 of the Constitution (Right to life and personal liberty), it was argued that the provision has a wide meaning which guarantees several rights to the elderly. There's also a need to continuously monitor these rights, he said.

"We will direct that a decision be taken pursuant to your letter", the Bench said after the petitioner revealed that he had filled a representation with the Railways.

The Court then noted that the Ministry of Railways had replied to the petitioner's representation on January 12 informing the non-viability of reinstating the conceded ticket rates which prompted the Court to dismiss the plea.

Case Title: MK Balakrishnan vs UOI

Citation : 2023 LiveLaw (SC) 370

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