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TMI Blog2013 (9) TMI 947X X X X Extracts X X X X X X X X Extracts X X X X ..... truction, contemplate corrupt practice by individual candidate or his agent. The provisions relating to corrupt practice were penal in nature and, therefore, the rule of strict interpretation must apply and hence, promises by a political party cannot constitute a corrupt practice on the part of the political party as the political party was not within the sweep of the provisions relating to corrupt practices. As the rule of strict interpretation applies, there was no scope for applying provisions relating to corrupt practice contained in the said Act to the manifesto of a political party. It was settled law that the courts cannot issue a direction for the purpose of laying down a new norm for characterizing any practice as corrupt practice - Such directions would amount to amending provisions of the said Act - The power to make law exclusively vests in the Union Parliament and as long as the field was covered by parliamentary enactments, no directions can be issued as sought by the appellant. It was imperative to refer to the intention of the legislature behind incorporating the respective section -The purpose of incorporating Section 123 of the RP Act was to ensure that e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mptroller and Auditor General of India (CAG) - CAG examines the propriety, legality and validity of all expenses incurred by the Government - The office of CAG exercises effective control over the Government accounts. Inherent Powers of the Court - Whether this Court had inherent power to issue guidelines by application of Vishaka principle – Held that:- There was no legislation to punish the act of sexual harassment at work place, therefore, the judiciary noting the legislative vacuum framed temporary guidelines until the legislatures passed a bill in that regard - However, in the case at hand, there was a special legislation, namely, the Representation of People Act wherein Section 123 enumerates exhaustively a series of acts as "corrupt practice" - Therefore, this was not a case of legislative vacuum where the judiciary can apply its inherent power to frame guidelines. Duties of CAG of India - Whether Comptroller and Auditor General of India had a duty to examine expenditures even before they were deployed – Held that:- The functioning of the Government was controlled by the Constitution, the laws of the land, the legislature and the Comptroller and Auditor General of Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Assembly Election held in the month of May, 2006. In pursuit of fulfilling the promise made in the election manifesto, a policy decision was taken by the then government to provide one 14 CTV to all eligible families in the State. It was further decided by the Government to implement the Scheme in a phased manner and a provision of ₹ 750 crores was made in the budget for implementing the same. A Committee was constituted, headed by the then Chief Minister and eight other legislative members of various political parties, in order to ensure transparency in the matter of implementation of the Scheme. (d) For implementing the first phase of the Scheme, the work of procurement of around 30,000 CTVs was entrusted to Electronic Corporation of Tamil Nadu Ltd. (ELCOT), a State owned Corporation. The first phase of the Scheme was implemented on 15/17th September, 2006 by distributing around 30,000 CTVs to the identified families in all the districts of the State of Tamil Nadu. (e) Being aggrieved by the implementation of the Scheme, the appellant herein filed another complaint to the Chief Secretary and the Revenue Secretary pointing out the unconstitutionality of the Scheme. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Scheme and transfer of consolidated funds of the State for the same. In the meanwhile, the appellant herein preferred a Writ Petition being No. 17122 of 2011 before the High Court of Madras alleging the Scheme a corrupt practice and to restrain the government from in any way proceeding with the procurement, placement of tenders or making free distributions under various Schemes introduced to woo the voters. In view of the pendency of SLP (C) No. 21455 of 2008 in this Court relating to the similar issue, the appellant preferred a Transfer Petition (C) No. 947 of 2011 before this Court praying for the transfer of the said writ petition. By order dated 16.09.2011, this Court allowed the said petition and the same has been numbered as T.C No. 112 of 2011 and tagged with the abovesaid appeal. 4. Heard Mr. Arvind P. Datar, learned senior counsel for the appellant/petitioner, Mr. Shekhar Naphade, learned senior counsel for the State of Tamil Nadu, Mr. P.P. Malhotra, learned Additional Solicitor General for the Union of India and Ms. Meenakshi Arora, learned counsel for the Election Commission of India. 5. Prayer/Relief Sought For: (a) When DMK started distribution of CTVs, the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into schemes to ensure that the distribution is made for a public purpose and is not misused. (I) Article 282 of the Constitution of India only permits defraying of funds from the Consolidated Fund of the State for public purpose . 7. Regarding the first contention relating to Article 282 of the Constitution of India which only permits use of monies out of the Consolidated Fund of the State for public purpose, it is useful to refer the said Article which reads as under: 282.Expenditure defrayable by the Union or a State out of its revenue - The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliament or the Legislature of the State, as the case may be, may make laws. 8. It is pointed out by Mr. Datar that under Article 266(3) of the Constitution, the monies out of the Consolidated Fund of India or the Consolidated Fund of the State can only be appropriated in accordance with law and for the purposes and in the manner provided by the Constitution. Under Article 162, the extent of the executive power of the State is limited to the matters with respect to which the Legislature of the State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out that Article 41 of the Constitution of India states that the State, within its economic capacity and development can make effective provision for securing public assistance in certain special cases. Article 39(b) states that the State shall endeavour to ensure that the material resources of the community are so distributed as best to subserve the common good . Both these articles imply that the goal of the Constitution, as evidenced by these Directive Principles, is to ensure that the State distributes its resources to secure public assistance and common good , and must not create private assets. 13. It is also pointed out that the Constitutions of 17 States of the US explicitly prohibit the making of private gifts by the Government, and it is recognized even elsewhere in the US that the public funds cannot be used to make gifts to private persons. 14. It is further stated that the spending on free distribution must be weighed against the public benefits that ensue from it and only if the public benefits outweigh the same, can the spending be classified as being for a public purpose. Mr. Datar asserted that when the literacy rate in the State of Tamil Nadu is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 14 of the Constitution. The classification is also violative of Article 14 as it omitted certain categories of students. 5. Free cattle to poor families in certain rural areas, ₹ 56 crores. Distribution of milch cows is being done, according to the State's Government Order, to boost the productivity of milk in the State. Comment by the appellant: It is stated that the State does run a diary, and the constitutionally valid method to boost milk production is to spend on these institutions and not to create private assets under these Government Orders. 6. Free rice to 1.83 crore families under the PDS system, amounting to ₹ 4500 crores. Comment by the appellant: Rice is already being distributed in the State at ₹ 2 per kilo. Under this scheme, rice is being distributed free of cost, as a pure populist measure. As per the State's own submissions, rice is priced at ₹ 2 under the Anthyodaya Anna Yojana, which is being followed throughout the country. 16. Mr. Datar, learned senior counsel for the appellant pointed out that the Constitution of India does not permit free distribution of goods such as colo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already own a colour television, a mixie or a grinder. Further, the differentia of a ration card has no rational nexus with the object of free distribution of the items since a ration card does not indicate the income of the family or whether they already own these goods. 20. Similarly, in another Scheme, the State has promised to distribute free laptops to all the students studying in the State Board. Again, this classification is arbitrary since there are numerous similarly placed students in Central Board schools who were being excluded by this Scheme. The Scheme also excludes commerce, law and medical college students and violates Article 14 by not providing intelligible differentia having a nexus with such distribution. III. Promises of free distribution of non-essential commodities in election manifesto amounts to an electoral bribe under Section 123 of the RP Act. 21. Under Section 123(1)(A) of the RP Act, any gift, offer or promise by a candidate or his agent or by any other person, with the object of inducing a person to vote at an election amounts to bribery , which is a corrupt practice under the said section. The key element in this section is that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd loans have been given for any specific purpose to any authority or body other than a foreign state or an international organization, the CAG has the duty to scrutinize the procedure by which the loan or grant has been made. 27. The language of the provision suggests that the role of CAG is limited to review. However, this would rob the CAG of the power to ensure that large-scale unauthorized spending of public funds, such as these free distributions, does not take place. The Section must be given purposive interpretation that would further its intent to ensure that the government's spending is only on purposes that are legally allowable. The Chancery Division has held in Kingston Cotton Mills Co. Re [1896] 2 Ch 279 that an auditor is a watchdog . To perform his role as a watchdog, the CAG must be vigilant, watch for any large- scale illegal expenditures, and act upon them immediately. V. Safeguards must be built into schemes to ensure that the distribution is made for a public purpose, and is not misused. 28. The Members of Parliament Local Area Development Scheme (MPLADS) was challenged before this Court in Bhim Singh v. Union of India and Ors., [2010] 5 SCC 538 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writ jurisdiction of the Supreme Court under Article 32 of the Constitution of India or any other provisions of the Constitution. For corrupt practices, the remedy is Election Petition. (II) Non-application of Vishaka principle and the difficulties in implementing the directions, if any, that may be issued by this Court. (III) Promises of political parties do not constitute a corrupt practice. (IV) The Schemes under challenge operate within the parameters of public purpose and Article 14 of the Constitution has no role to play. (I) Political Parties are not State, therefore, not amenable to the writ jurisdiction of the High Court under Article 226 or the writ jurisdiction of the Hon'ble Supreme Court under Article 32 of the Constitution of India or any other provisions of the Constitution. For corrupt practices, the remedy is an Election Petition. 32. Learned senior counsel submitted that a political party is not a statutory Corporation. Similarly, a political party is also not a Government. It is also not an instrumentality or agency of the State. None of the parameters laid down by several judgments of this court for identifying an agency or inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly held that if on a given topic there is no law enacted by a competent legislature, then this Court has power to issue directions under its inherent powers under Article 142 and 141 of the Constitution and the said directions would operate and bind all concerned till the competent Legislature enacts a law on the concerned subject. Whether the present provisions of the said Act are adequate or not is a matter for the Parliament and the Parliament alone to decide. This Court, in exercise of powers under Article 141 and 142 or under any other provision of law, cannot issue a direction to include any practice not specified as corrupt practice under the Act as Corrupt Practice. 35. Further, learned senior counsel emphasized on the difficulties to implement the guidelines, if any, framed by this Court by referring to previous cases, viz., Union of India v. Association for Democratic Reforms and Another [2002] 5 SCC 294 and People's Union for Civil Liberties (PUCL) and Anr. v. Union of India and Anr. [2003] 4 SCC 399. (III) Promises of political parties do not constitute a corrupt practice. 36. Learned senior counsel submitted that inasmuch as the words mentioned in Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l by clear, cogent and credible evidence. 21. The Court in a number of cases has held that the charge of corrupt practice is quasi-criminal in character and it has to be proved as a criminal charge and proved in the court. In Jeet Mohinder Singh case the Court observed as under: (ii) Charge of corrupt practice is quasi-criminal in character. If substantiated it leads not only to the setting aside of the election of the successful candidate, but also of his being disqualified to contest an election for a certain period. It may entail extinction of a person's public life and political career. A trial of an election petition though within the realm of civil law is akin to trial on a criminal charge. Two consequences follow. Firstly, the allegations relating to commission of a corrupt practice should be sufficiently clear and stated precisely so as to afford the person charged a full opportunity of meeting the same. Secondly, the charges when put to issue should be proved by clear, cogent and credible evidence. To prove charge of corrupt practice a mere preponderance of probabilities would not be enough. There would be a presumption of innocence available to the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst many who live in abject poverty. On the 26th January, 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. In politics we will be recognizing the principle of one man one vote and one vote one value. In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value. How long shall we continue to live this life of contradictions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment or else those who suffer from inequality will blow up the structure of political democracy which this Assembly has so laboriously built up. (Vide B. Shiva Rao's The Framing of India's Constitution: Select Documents, Vol. IV, pp. 944-45.) 79. It is necessary to consider at this juncture the meaning of the word socialism envisaged in the Preamble of the Constitution. Establishment of the egalitarian social order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 96. As we have already noted, MPs are permitted to recommend specific kinds of works for the welfare of the people i.e. which relate to development and building of durable community assets (as provided by Clause 1.3 of the Guidelines). These works are to be conducted after approval of relevant authorities. In such circumstances, it cannot be claimed that these works amount to an unfair advantage or corrupt practices within the meaning of the Representation of the People Act, 1951. Of course such spending is subject to the above Act and the regulations of the Election Commission. (IV) The Schemes under challenge operate within the parameters of public purpose and Article 14 of the Constitution has no role to play. 41. The argument of the appellant that giving of colour TVs, laptops, mixer-grinders etc. on the basis of the manifesto of the party that forms the Government is not an expense for a public purpose. This argument is devoid of any merit according to learned senior counsel for the State of Tamil Nadu. It was submitted that the concept of State Largesse is essentially linked to Directive Principles of State Policy. Whether the State should frame a scheme, which d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r counsel for the respondent, this argument is completely misconceived. It was submitted that in catena of cases, this Court has held that while judging the constitutional validity of any law or any State action, the Directive Principles of the State Policy can be taken into account. Article 38 contemplates that the State shall strive to promote the welfare of the people. Article 39 contemplates that the State shall take actions to provide adequate means of livelihood and for distribution of material resources of the community on an egalitarian principle. Article 41 contemplates that the State shall render assistance to citizens in certain circumstances and also in cases of undeserved want. Article 43 directs that the State shall endeavour to secure to all workers, by suitable legislation or economic organisation or any other way to ensure decent standard of life and full enjoyment of leisure and social and cultural opportunities to the workers . Similarly, Article 45 contemplates that the State shall endeavour to provide early childhood care and education to all children below the age of 6 years and Article 46 says that the State shall promote educational and economic interests o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal equality that the principles of intelligible differentia having reasonable nexus to the object of legislation gets attracted. Article 14 does not prohibit formal equality. The Directive Principles of State Policy save proportional equality from falling in foul with formal equality contemplated by Article 14. Contentions of the Union of India, CAG and Election Commission: 46. Mr. P.P. Malhotra, learned ASG also reiterated the stand taken by learned senior counsel for the State. It is the stand of the CAG that they have no role at this juncture, particularly, with reference to the prayer sought for. Ms. Meenakshi Arora, learned counsel for the Election Commission of India submitted that with the existing provisions in the RP Act, Election Commission is performing its duties, however, if this Court frames any further guidelines, they are ready to implement the same. 47. We have carefully considered the rival contentions, perused the relevant provisions, various Government orders, guidelines and details furnished in the counter affidavit. The following points arise for consideration: Points for Consideration: (i) Whether the promises made by the political parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate [to withdraw or not to withdraw] his candidature. Explanation.- For the purposes of this clause the term gratification is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any elec- tion and duly entered in the account of election expenses referred to in Section 78. (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person [with the consent of the candidate or his election agent], with the free exercise of any electoral right: Provided that- (a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who- (i) threatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication by a candidate or his agent or by any other Person, [with the consent of a candidate or his election agent], of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal [of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate' s election. (5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent], [or the use of such vehicles or vessel for the free conveyance] of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under Section 25 or a place fixed under sub- section (1) of Section 29 for the poll: Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be deemed to be assistance for the furtherance of the prospects of that candidate' s election. (h) class of persons in the service of a local authority, university, government company or institution or concern or undertaking appointed or deputed by the Election Commission in connection with the conduct of elections. (8) Booth Capturing by a candidate or his agent or other person. Explanation.- (1) In this Section the expression agent includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate. (2) For the purposes of clause (7), a person shall be deemed to assist in the furtherance of the prospects of a candidate' s election if he acts as an election agent of that candidate. (3) For the purposes of clause (7), notwithstanding anything contained in any other law, the publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Central Government (including a person serving in connection with the administration of a Union terri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such as colour TVs, mixer-grinders, laptops, etc., are in form part of an election manifesto of a political party but in substance is a bribe or inducement under Section 123. Thus, it is the stand of the appellant that the promise of this nature indeed induces the voters thereby affecting the level playing field between the candidates, which in turn disrupts free and fair election. Therefore, the appellants suggested for construing the promises made in the election manifesto as a corrupt practice under Section 123 of RP Act. He mainly relied on the principle that one cannot do indirectly what it cannot do directly. 53. As appealing this argument may sound good, the implementation of this suggestion becomes difficult on more than one count. Firstly, if we are to declare that every kind of promises made in the election manifesto is a corrupt practice, this will be flawed. Since all promises made in the election manifesto are not necessarily promising freebies per se, for instance, the election manifesto of a political party promising to develop a particular locality if they come into power, or promising cent percent employment for all young graduates, or such other acts. Therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether the schemes under challenge are within the ambit of public purpose and if yes, is it violative of Article 14? 57. The concept of State largesse is essentially linked to Directive Principles of State Policy. Whether the State should frame a scheme, which directly gives benefits to improve the living standards or indirectly by increasing the means of livelihood, is for the State to decide and the role of the court is very limited in this regard. 58. It is not in dispute that television is a widely used tele-communication medium for receiving moving images. Today, television has a lot of positive effects and influences on our society and culture. Television gives helpful information and it is not an equipment aimed for entertainment alone. The State Government has also asserted that the purpose of distributing colour television sets is not restricted for providing recreation but to provide general knowledge to the people, more particularly, to the household women. 59. On behalf of the State of Tamil Nadu, it was explained that in order to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which social and economic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isting financial assistance of ₹ 25,000/-. Moreover, with the aim of encouraging higher education among women, the present Government has also introduced a new scheme of providing financial assistance of ₹ 50,000/- for graduates/diploma holders along with the four grams 22 carat gold coin for making the 'Thirumangalayam'. (3) The guidelines for sanction of assistance under the various Marriage Assistance Scheme include that the annual income of the family should not exceed ₹ 24,000/- and the minimum age limit for the girls should be 18 years. The detailed guidelines have been issued in G.O.(Ms.) No. 49, SW NMP Dept. dated 26.07.2011. The details pertaining to each scheme are as follows: (A) Moovalur Ramamiratham Ammaiyar Ninaiyu Marriage Assistance Scheme 1. Objectives of the Scheme To help the poor parents financially in getting their daughter's married and to promote the educational status of poor girls. 2. Assistance provided and Educational Qualification Rs.25,000/- along with 4 gms. gold coin (for those who have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is due Before marriage 5. Eligibility Criteria ( a ) Age Limit 18 years ( b ) Income Limit Not exceeding ₹ 24,000/- per annum ( c ) Other Criteria Only one daughter of a poor widow is eligible (D) Annai Theresa Ninaivu Marriage Assistance Scheme for Orphan Girls 1. Objectives of the Scheme To help the orphan girls financially for their marriage 2. Assistance provided and Educational Qualification Rs.25,000/- along with 4 gms. gold coin (for those who have studies up to 10th std., Vth Std, for Scheduled Tribes) ₹ 50,000/ along with 4 gms. gold coin (for Graduate and diploma holders) 3. To whom the benefit is due Orphan girls 4. When the benefit is due Before marriage 5. Eligibility Criteria (a) Age Limit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to improve the standard of living by providing the needy poor with a Milch cow (to 60000 families) and sheep/goats to about poorest of the poor (7 lakh families) spread across the State. The main aim of the above Schemes will be to improve the standard of living of the poorest of the poor. (iv) Under the Scheme of free distribution of Milch Cows, it has been envisaged to distribute Milch Cows to the poor people selected by the Grama Sabha based on norms in such villages/districts which do not have adequate availability of milk. Likewise, the poorest of the poor living in the rural areas will be identified democratically by the Grama Sabha and will be given 4 sheep/goats in order to sustain their livelihood by rearing these sheep/goats. A. The scheme for distribution of 60,000 lactating cows free of cost in rural village panchayats (i) The Government of Tamil Nadu have planned to launch a Scheme to distribute 60,000 free Milch Cows to the poor beneficiaries in the rural areas in the next 5 years in order to give boost to the milk productivity of the State. This scheme will be called Scheme for free distribution of Milch Cows . 2. Selecti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s prefer rearing of cows as compared to buffaloes. Hence, it is proposed to distribute only cows in this Scheme. Amongst the Cross Bred cows too, it is proposed to supply lactating cows that are in their first/second lactation so as to ensure a continuous production for next five lactations. The age of the animal should not be more than 5 years. 4. Identification of Beneficiaries (i) The free Milch Cows will be distributed at the rate of one Cow per eligible household. In order to empower the women, it has been decided that the actual beneficiary will be the Woman of the household. In case there are any transgender residing in the Village Panchayat, who are otherwise eligible as per the criteria given below, they will also be considered to be eligible for the Scheme. (ii) Criteria for eligibility The beneficiaries should satisfy the following criteria: Women Headed households are to be given priority, (Widows, Destitutes and the Disabled women to be given priority within this group). Are below 60 years of age. Do not own land over 1 acre in their own name or family members' name (Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eligibility conditions are to be explained in detail. Since, the number of Village Panchayats per District will be ordinarily only about 10 per District per year, the District Collector should himself convene this meeting and convey the details. (vi) The District Collector should, thereafter, fix a Special Meeting of the Grama Sabha in the Village Panchayat concerned to inform the details of the Scheme to the villagers. The Veterinary Assistant Surgeon and Deputy Block Development Officer (ADW) will explain the salient features of the Scheme and the eligibility details of the beneficiaries in the meeting. Applications for the free Milch Cows will be sought for in this Special Gram Sabha Meeting from the interested beneficiaries. (vii) A period of one week will also be given for further receipt of Applications. The Applications can be given to any of the village Level Committee members or directly to the Village Panchayat. Thereafter, the Veterinary Assistant Surgeon and Deputy Block Development Officer (ADW) will arrange a meeting of the village level Committee in the office of the Village Panchayat to scrutinize and list out the names of all the eligible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pply of Goats/Sheep through such breeders will be permitted. (ii) It is presumed that about 6-7 lakh Goats/Sheep can be procured from the shandies within the State or from the neighbouring State shandies without causing shortage of availability of Goats/Sheep for meat purpose and without causing impact on the price of Goats/Sheep in the area. (iii) In view of the availability of about 6-7 lakh Goats/Sheep in a year, the number of families to be assisted in each year will be 1.5 lakh and in the current year, approximately one lakh families can be assisted since the first quarter of the year is already over. The Gram Sabha will be utilized to identify the poorest of the poor beneficiaries within each village. 3. Eligibility Norms The beneficiaries will be the poorest of the poor families living in Village Panchayats (rural areas) who are identified by the village Level Committee as per the norms and whose name is approved by the Gram Sabha as the poorest of the poor in the village. The free Goats/Sheep will be distributed at the rate of 4 Goats/Sheep per household. In order to empower the women, it has been decided that the actual beneficiary w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Husbandry) (RJAD), Project Officer (Mahalir Thittam) and Assistant Director (Panchayats) will assist him in this regard. The District Collector will form a Village Level Committee consisting of (i) Village Panchayat President, (ii) Vice-President, (iii) the senior most Ward member (by age) representing SC/ST Community, (iv) the Panchayat Level Federation (PLF) coordinator (v) an active SHG representative (vi) the Veterinary Assistant Surgeon (VAS) of the area and (vi) the Deputy Block Development Officer (ADW) to identify and shortlist the list of beneficiaries as per the norms specified. The District Collector should also ensure that necessary support is rendered to the Committee by the Village Panchayat Assistant concerned. The purpose of adding the VAS and Deputy BDO(ADW) is to ensure that the shortlisted beneficiaries are conforming to the prescribed norms. (iv) After constituting the Village Level Committee for the selected Village Panchayats concerned, the District Collector should arrange to convene a meeting of all the members concerned and in that meeting, the details of the Scheme and the eligibility conditions are to be explained in detail. The District Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruct Solar Powered Green House Scheme for the benefit of the poor in the rural areas and measuring about 300 square feet with unit cost of ₹ 1.80 lakhs by meeting the entire cost by Government. The scheme aims at providing Solar Powered Green House for the poor living below poverty line in rural areas. Accordingly, it is proposed to construct 60,000 Solar Powered Green House of 300 sq. ft. each year for the next five years from 2011-2012 totalling 3 lakh house. 2. Eligibility Criteria : 1. The beneficiary under Solar Powered Green House Scheme should reside within the Village Panchayat and find a place in the below poverty line list. 2. He/she should own a site of 300 sq. ft. with clear title and patta. 3. Should not own any pacca concrete house and not benefited by any other housing scheme. 4. ₹ 1.50 lakhs will be earmarked for construction of house and ₹ 30,000/- for installing solar Powered Home Lighting System. 5. The scheme will be implemented by the District Collector so as to ensure that the construction of houses are completed in time. IV. Lapto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng followed and there is no differentiation as APL/BPL categories based on income criteria for supply of essential commodities to family cardholders under Public Distribution System. Hence, there is no differentiation like BPL/APL family cards in this State. Instead family cards have been issued on the basis of option exercised by the card holders under self-selection process to receive either rice with all commodities or to receive additional sugar in lieu of rice with other commodities after verifying the genuiness of the residence in this State. Features of Universal Public Distribution System in Tamil Nadu (1) Universal Public Distribution System is the heart and soul of State Food Policy. It is built on the principles of non-exclusion, easy access to Public Distribution System shops and adequate availability of food gain at an affordable price. (2) Though Government of India advocates Targeted Public Distribution system(TPDS), Government of Tamil Nadu is not in favour of rigid targeting, as it may lead to exclusion of large number of genuine Below Poverty Line (BPL) families and vulnerable Above Poverty Line (APL) families due to enumeration errors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nth per card. VI. Free Distribution of Electric Fans, Mixies Grinders to Women This scheme is introduced as a welfare measure for women and intends universal coverage of women beneficiaries belonging to families holding family cards which are eligible for drawing rice. To make women more effective participants in the economy, it is imperative to relieve them from the domestic drudgery. Therefore, the Government have decided to distribute a package of electric Fan, Mixie and Grinder to all the women from the families holding family cards which are eligible to draw rice. This scheme is expected to improve the standard of living of the poor women apart from providing equal opportunities. In pursuance to above, the Government have issued Orders in G.O. Ms. 2 Special Programme Implementation Department, Dated 03.06.2011 for free distribution of 25 lakh packages of electric fans, mixies and grinder during 2011-12. In total about 1.83 crore women beneficiaries will be covered in a phased manner. 2. Eligibility Criteria All households having a family card which is eligible for drawing rice are eligible for electric fans, mixies and grinders, at fre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is required to be backed by law. Article 266 of the Constitution lays down that all monies received by the Central Government or by the State Government by way of taxes or otherwise must be credited to the Consolidated Fund of India. Article 267 also constitutes Contingency Fund of India. If any money (except which is charged on the Consolidated Fund) is to be withdrawn for any governmental purpose, then there has to be an Appropriation Act under Article 266(3) read with Article 114 of the Constitution. Every department of the Government presents its demand to the legislature concerned and the legislature votes on the same, and thereafter, the Appropriation Act is passed which authorizes the Government to withdraw the money from the Consolidated Fund. There are similar provisions relating to the State. The Contingency Fund can be established only by enacting a law in that behalf and not by an executive fiat. The law creating the Contingency Fund authorizes the purposes for which the amount in it can be spent. This is how the money is being spent by the Government on its schemes under the control of the Legislature. 64. In Bhim Singh (supra), Article 282 of the Constitution in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purpose and monies for the schemes is withdrawn with appropriate Appropriation bill, the court has limited power to interfere in such schemes. 69. Further, the appellant contended by referring to various foreign cases to highlight the principle that public money cannot be used to create private assets. In our opinion, there is no merit in this contention also. The purpose of the schemes is to enforce the directive principles of state policy. In what way the state chooses to implement the directive principles of state policy is a policy decision of the State and this Court cannot interfere with such decisions. Ordinarily, this Court cannot interfere with policy decisions of the government unless they are clearly in violation of some statutory or Constitutional provision or is shockingly arbitrary in nature. In Ekta Shakti Foundation vs. Government of NCT of Delhi (2006) 10 SCC 337, it was held:- 10 While exercising the power of judicial review of administrative action, the Court is not the appellate authority and the Constitution does not permit the Court to direct or advise the executive in matter of policy or to sermonize any matter which under the Constitution lies w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vishaka principle. However, learned counsel for the respondent made a distinction between the Vishaka (supra)and the given case. While highlighting that in Vishaka (supra), there was no legislation to punish the act of sexual harassment at work place, therefore, the judiciary noting the legislative vacuum framed temporary guidelines until the legislatures passed a bill in that regard. However, in the case at hand, there is a special legislation, namely, the Representation of People Act wherein Section 123 enumerates exhaustively a series of acts as corrupt practice . Therefore, this is not a case of legislative vacuum where the judiciary can apply its inherent power to frame guidelines. Issue No. 4: Whether Comptroller and Auditor General of India has a duty to examine expenditures even before they are deployed? 72. As reiterated earlier, the Comptroller and Auditor General of India is a constitutional functionary appointed under Article 148 of the Constitution. His main role is to audit the income and expenditure of the Governments, Government bodies and state-run corporations. The extent of his duties is listed out in the Comptroller and Auditor General's (Duties, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by a candidate of that party. (ii) Further, it has been decided that the schemes challenged in this writ petition falls within the realm of fulfilling the Directive Principles of State Policy thereby falling within the scope of public purpose. (iii) The mandate of the Constitution provides various checks and balances before a Scheme can be implemented. Therefore, as long as the schemes come within the realm of public purpose and monies withdrawn for the implementation of schemes by passing suitable Appropriation Bill, the court has limited jurisdiction to interfere in such schemes. (iv) We have also emphasized on the fact that judicial interference is permissible only when the action of the government is unconstitutional or contrary to a statutory provision and not when such action is not wise or that the extent of expenditure is not for the good of the State. (v) It is also asserted that the schemes challenged under this petition are in consonance with Article 14 of the Constitution. (vi) As there is no legislative vacuum in the case on hand, the scope for application of Vishaka principle does not arise. (vii) The duty of the CAG ..... X X X X Extracts X X X X X X X X Extracts X X X X
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