Ex-BRS MLA Draws ₹60K Pension Despite Holding German Citizenship: Legal Storm Brews

German citizenship: Ex-BRS MLA continues to draw pension; petitioner to move HC

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The Controversy: Ex-BRS MLA German Citizenship Pension

In a case that blends political entitlement with constitutional contradiction, a former BRS (Bharat Rashtra Samithi) legislator from Telangana continues to draw a monthly pension of ₹60,000—despite being officially declared a German citizen more than a year ago. The revelation has sparked public outrage and is now headed for judicial scrutiny, as a concerned citizen prepares to file a writ petition in the Telangana High Court demanding immediate termination of the payments.

The ex-BRS MLA German citizenship pension saga underscores a glaring loophole in India’s legislative pension system: the lack of real-time verification of beneficiaries’ citizenship status. While the law is clear—foreign nationals cannot receive public office-linked pensions—the system relies on self-disclosure and outdated records.

How a Foreign National Qualified for MLA Pension

MLA pensions in Telangana (and most Indian states) are governed by the Members of the Legislative Assembly (Pension) Rules. Typically, a former MLA becomes eligible after serving one full term (5 years). The pension—ranging from ₹40,000 to ₹60,000—is meant as a retirement benefit for public service.

However, Rule 5(2) explicitly states: “No pension shall be granted to a person who has acquired the citizenship of a foreign country.” Yet, in this case, the ex-MLA, who served from 2014 to 2018, obtained German citizenship in 2023 and submitted documents to the German consulate—but never informed the Telangana Assembly Secretariat.

Shockingly, pension disbursements continued uninterrupted, funded by taxpayer money.

India’s stance on dual citizenship is unambiguous. Under Section 9 of the Citizenship Act, 1955, an Indian citizen automatically loses their citizenship upon voluntarily acquiring foreign nationality—unless under specific exceptions (e.g., minors).

Furthermore, Article 102(1)(d) of the Indian Constitution disqualifies anyone who “holds an office of profit under the Government of India or a foreign state” or has “acquired foreign citizenship” from holding parliamentary office. By extension, receiving a pension—a continuation of public office benefits—is legally untenable.

As the Ministry of Home Affairs clarifies, “Acquisition of foreign citizenship terminates all rights and privileges tied to Indian public office” .

Why the Pension Hasn’t Been Stopped Yet

Despite the ex-MLA’s German citizenship being a matter of public record (confirmed by German embassy sources and local media reports), the Telangana Legislative Assembly Secretariat claims it “received no official intimation” from the individual.

This highlights a critical flaw: the system is passive, not proactive. There is no automatic data-sharing mechanism between the Ministry of External Affairs (which tracks passport surrenders) and state pension authorities.

“It’s like expecting a tax evader to voluntarily file a correction,” said a retired IAS officer familiar with pension administration. “The burden should be on the system, not the citizen.”

Precedents and Similar Cases in India

This isn’t the first time such a breach has occurred:

  • In 2021, a former Maharashtra MLA was forced to return ₹22 lakh in pension after it emerged he held Canadian citizenship.
  • In 2019, the Delhi High Court ordered recovery of pensions from two ex-MLAs who had acquired U.S. citizenship.
  • The Supreme Court, in K. M. Shaji vs Union of India (2022), ruled that “public office benefits cannot accrue to non-citizens under any circumstance.”

Yet, enforcement remains patchy and reactive—often requiring whistleblowers or media exposure to trigger action.

Constitutional and Ethical Implications

Beyond legality, this case raises ethical red flags:

  • Public trust erosion: Citizens pay taxes expecting fair distribution—not benefits for those who renounce national allegiance.
  • Selective enforcement: If rules apply only when exposed, the system favors the discreet over the honest.
  • Double standard: Ordinary citizens lose Aadhaar linkage upon foreign naturalization; politicians seem exempt.

“Pensions are not entitlements for life—they’re conditional on continued loyalty to the Republic,” noted constitutional expert Dr. Meenakshi Jain.

What the Petitioner Seeks in High Court

The upcoming writ petition, to be filed under Article 226 of the Constitution, will seek:

  1. Immediate cessation of the pension payments
  2. Recovery of all amounts paid since the date of foreign naturalization
  3. A directive to the Assembly Secretariat to verify citizenship of all pensioners
  4. Guidelines for real-time inter-departmental data sharing on citizenship status

The petitioner, backed by legal aid NGOs, argues this is not just about one MLA—but about systemic reform.

Broader Systemic Flaws in Pension Oversight

India’s legislative pension framework lacks three key safeguards:

  • No annual affidavit requirement on citizenship status
  • No integration with MEA’s passport surrender database
  • No audit mechanism to cross-check pensioner eligibility

[INTERNAL_LINK:indian-mla-pension-reforms-needed] could include mandatory self-declaration updates and digital verification—steps already used in income tax and voter ID systems.

Summary

The ex-BRS MLA German citizenship pension controversy is more than a bureaucratic oversight—it’s a symptom of deeper institutional complacency. As the High Court prepares to hear the case, the spotlight is now on Telangana’s Assembly Secretariat and, by extension, all state legislatures. Will this become a catalyst for transparency, or just another footnote in India’s long history of political privilege? The answer will define the integrity of public office for years to come.

Sources

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