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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 ..... reation and general knowledge to the household women, more particularly, those living in the rural areas. In pursuance of the same, follow up actions by way of enlisting the households which did not have a CTV set and door to door identification and distribution of application forms were initiated. (b) This Scheme was challenged by one S. Subramaniam Balaji-the appellant herein, by way of filing writ petition before the High Court on the ground that the expenditure to be incurred by the State Government for its implementation out of the State Exchequer is unauthorized, impermissible and ultra vires the Constitutional mandates. The appellant herein filed a complaint dated 24.04.2006 to the Election Commission of India seeking initiation of action in respect of the said promise under Section 123 of the Representation of People Act, 1951 (in short 'the RP Act'). The appellant herein also forwarded the complaint to the Chief Election Officer, Tamil Nadu. (c) The DMK and its political allies emerged victorious in the State 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nadu Assembly Elections 2011. (g) The very same Scheme was also challenged by the appellant herein on the ground that such promises by the parties are unauthorized, impermissible and ultra vires the Constitutional mandates. The appellant herein also filed a complaint dated 29.03.2011 to the Election Commission of India seeking initiation of action in respect of the said Scheme under Section 123 of the RP Act. (h) The AIADMK and its political allies won the State Assembly Elections held in 2011. In order to fulfill the promise made in the election manifesto, a policy decision was taken by the then government to distribute the gifts and, pursuant to the same, tenders were floated by the Civil Supplies Department for mixies, grinders, fans etc., as well as by ELCOT for lap top computers. (i) On 06.06.2011, the appellant herein filed another complaint to the Comptroller and Auditor General of India and the Accountant General of Tamil Nadu (Respondent Nos. 3 and 4 therein respectively) pointing out the unconstitutionality of the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 123 of the RP Act. He further pointed out that to couch this offer/promise to give away a gift whose worth is estimable in money and that too from the consolidated fund of the State under the head "promise of publication" or "public policy" or "public good" is to defeat the purposes of the above Section viz., Section 123(1) of the RP Act. While elaborating his submissions, Mr. Datar raised his objections under the following heads: (I) Article 282 of the Constitution of India only permits defraying of funds from the Consolidated Fund of the State for "public purpose"; (II) The distributions made by the respondent-State is violative of Article 14 since there is no reasonable classification; (III) Promises of free distribution of non-essential commodities in an election manifesto amounts to electoral bribe under Section 123 of the RP Act; (IV) The Comptroller and Auditor General of India has a duty to examine expenditures even before they are deployed; and (V) Safeguards must be built into schemes to ensure that the distribution is made for a public purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that fulfill an essential need such as food, clothing, shelter, health or education. Even if certain distributions, such as the distribution of televisions might have some public benefit, it would not amount to public purpose since the dominant purpose of such a distribution is only the creation of private assets. Where the purposes of the expenditure are partly public and partly private, the Courts in the US have held that the entire act must fail. (vide Coates v. Campbell and Others, 37 Minn. 498). 11. While statutory authorities can confer social or economic benefits on particular sections of the community, their power is limited by the principle that such benefits must not be excessive or unreasonable. As Lord Atkinson stated in Roberts v. Hopwood & Ors. 1925 AC 578, the State cannot act in furtherance of "eccentric principles of socialistic philanthropy". In view of the above, a reference was also made to Bromley London Borough Council, London v. Greater Council & Anr. 1982 (2) WLR 62 and R v. Secretary of State for Foreign Affairs [1995] 1 All ER 611. 12. In this context, it is pointed out that Article 41 of the Constitution of India states that the State, "within its eco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge. There are no safeguards in any scheme proposed by the State to ensure that Rs. 50,000 given in cash to the eligible beneficiaries will be used for the marriage, and not diverted for other purposes. 3. Free mixies, grinders and fans for 25 lakh families, totally amounting to Rs. 1250 crores. Comment by the appellant: The reasons given by the State, of alleviating women of "domestic drudgery" are frivolous and do not amount to a "public purpose". Mixies, grinders and fans are luxuries and cannot be freely distributed by the Government. The distribution is being made to a large section of persons without even ascertaining whether the persons already own these goods and whether they require state assistance to acquire these goods. 4. 9.12 lakh laptops to all class XII students in Tamil Nadu amounting to Rs. 912 crores. Comment by the appellant: No "public purpose" is served by such distribution. The State is duty bound to create computer labs in schools and colleges and not distribute such expensive articles as gifts. Classifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... right to equality under Article 14 of the Constitution requires that the State must make a reasonable classification based on intelligible differentia, and such classification must have a nexus with the object of the law. In making free distributions, the State, therefore, must show that it has identified the class of persons to whom such distributions are sought to be made using intelligible differentia, and that such differentia has a rational nexus with the object of the distribution. As held in Union of India & Anr. v. International Trading Co. & Anr. 2003 (5) SCC 437, Article 14 applies to matters of government policy and such policy or action would be unconstitutional if it fails to satisfy the test of reasonableness. 18. This Court, in K.T. Moopil Nair v. State of Kerala AIR 1961 SC 552, held that a statute can offend Article 14 if it groups together persons who are dissimilar. In that case, a flat tax of Rs. 2 per acre was levied on land without ascertaining the income earning potential of such land, which was struck down as unconstitutional. 19. In the case on hand, the colour televisions, mixies and grinders were being distributed to all persons having ration card. Whil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cates that the promise of free colour televisions, grinders, mixies, laptops, gold etc., was only made as an electoral bribe to induce voters. 24. Mr. Datar further pointed out that the intent of Section 123 of the RP Act is to ensure that no candidate violates the level playing field between the candidates. Therefore, whether such promises are made by the political party or by the candidate himself is irrelevant. The manifesto, where such illegal promises are made, implore the voters to vote for that particular party. IV. The Comptroller and Auditor General of India has a duty to examine expenditures even before they are deployed. 25. 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 Government, Government bodies and state-run corporations. The extent of his duties is listed out in the Comptroller and Auditor General's (Duties, Powers etc.) Act, 1971. Section 13 of this Act states that the CAG shall audit all the expenditure from the Consolidated Fund of India, and of each State, and ascertain whether the moneys so spent were "legally avail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel prayed for necessary guidelines for proper utilization of public funds. Contentions by the Respondents: Contentions of the State of Tamil Nadu: 30. On the other hand, Mr. Shekhar Naphade, learned senior counsel for the State of Tamil Nadu while disputing the above claim submitted that the freebies, as promised in the election manifesto, would not come under the head "corrupt practices" and "electoral offences" in terms of the RP Act. He further submitted that in view of the mandates in the Directives Principles of State Policy in Part IV of the Constitution, it is incumbent on the State Government to promote the welfare of the people, who are below the poverty line or unable to come up without their support. In any event, according to learned senior counsel, for every promise formulated in the form of election manifesto, after coming to power, the same were being implemented by framing various schemes/guidelines/eligibility criteria etc. as well as with the approval of legislature. Thus, it cannot be construed as a waste of public money or prohibited by any Statute or Scheme. 31. While elaborating his submissions, Mr. Shekhar Naphade replied for the contentions made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate or his agent has committed the same or has connived at the same. An election Petition is to be tried on evidence and therefore, the writ petition is not a remedy. (II) Non-application of Vishaka principle and the difficulties in implementing the directions, if any, that may be issued by this Court. 34. It was submitted that Entry 72 of List-I of the VIIth Schedule to the Constitution of India deals with election to Parliament and State Legislative Assemblies. In exercise of this power, the Parliament has enacted the RP Act. The Act, as originally enacted, did not contain any provision relating to corrupt practice as contained in Section 123. Section 123 defines and enumerates "corrupt practices" exhaustively. Section 123 came as a result of recommendations of the Select Committee of the Parliament on the basis of which the said Act was amended by substituting Chapter 1 in Part VII of the Act by Act No. 27 of 1956. The Legislature has dealt with the subject of corrupt practice and it is not a case of legislative vacuum. The field of corrupt practice is covered by the provisions of the said Act. Once the Legislature has dealt with a particular topic, then the Vishakha principle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... now well settled by several authorities of this Court that an allegation of corrupt practice must be proved as strictly as a criminal charge and the principle of preponderance of probabilities would not apply to corrupt practices envisaged by the Act because if this test is not applied a very serious prejudice would be caused to the elected candidate who may be disqualified for a period of six years from fighting any election, which will adversely affect the electoral process." 15. In Surinder Singh v. Hardial Singh, vide SCC p. 104, para 23 it was observed: "23. ... It is thus clear beyond any doubt that for over 20 years the position has been uniformly accepted that charges of corrupt practice are to be equated with criminal charges and proof thereof would be not preponderance of probabilities as in civil action but proof beyond reasonable doubt as in criminal trials." 37. In Baldev Singh Mann v. Surjit Singh Dhiman, [2009] 1 SCC 633, this Court observed as under: "19. .... ..... The law is now well settled that the charge of a corrupt practice in an election petition should be proved almost like the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f life in the Indian polity. Law as a social engineering is to create just social order removing inequalities in social and economic life, socio-economic disabilities with which poor people are languishing by providing positive opportunities and facilities to individuals and groups of people. Dr B.R. Ambedkar, in his closing speech in the Constituent Assembly on 25-11-1949, had lucidly elucidated thus: "... What does social democracy mean? It means a way of life which recognises liberty, equality and fraternity as the principles of life. These principles of liberty, equality and fraternity are not to be treated as separate items in a trinity. They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy. Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things. It would require a constable to enf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in a secular integrated socialist Bharat with dignity of person and equality of status to all." 40. In Bhim Singh (supra), a Constitution Bench of this Court observed as under: "58. The above analysis shows that Article 282 can be the source of power for emergent transfer of funds, like the MPLAD Scheme. Even otherwise, the MPLAD Scheme is voted upon and sanctioned by Parliament every year as a scheme for community development. We have already held that the scheme of the Constitution of India is that the power of the Union or State Legislature is not limited to the legislative powers to incur expenditure only in respect of powers conferred upon it under the Seventh Schedule, but it can incur expenditure on any purpose not included within its legislative powers. However, the said purpose must be "public purpose". Judicial interference is permissible when the action of the Government is unconstitutional and not when such action is not wise or that the extent of expenditure is not for the good of the State. We are of the view that all such questions must be debated and decided in the legislature and not in court. 95. This argument ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t must be held that it is a part of Government function to take measures in connection with Government largesse. 42. It is further submitted that the political parties in their election manifesto promised to raise the standard of living of the people and to formulate a scheme/policy for the upliftment of the poor. The distribution of basic necessities in today's time like TVs, mixers, fans and laptops to eligible persons fixing parameters, can by no stretch of imagination be said to be State largesse. A three-Judge Bench of this Court in Deepak Theatre, Dhuri v. State of Punjab and Others, 1992 Supp (1) SCC 684, held as under: "5. Witnessing a motion picture has become an amusement to every person; a reliever to the weary and fatigued; a reveller to the pleasure seeker; an imparter of education and enlightenment enlivening to news and current events; disseminator of scientific knowledge; perpetuator of cultural and spiritual heritage, to the teeming illiterate majority of population. Thus, cinemas have become tools to promote welfare of the people to secure and protect as effectively as it may a social order as per directives of the State policy enjoi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... medicine, transport, education, recreation etc. How to implement the directive principles of State Policy is a matter within the domain of the Government, hence, the State distributing largesse in the form of distribution of colour TVs, laptops, mixer-grinders etc. to eligible and deserving persons is directly related to the directive principles of the State Policy. 44. The other facet of the argument is that this largesse is distributed irrespective of the income level and, therefore, violative of Article 14 as unequals are treated equally. Learned senior counsel submitted that this principle of not to treat unequals as equals has no applicability as far as State largesse is concerned. This principle applies only where the law or the State action imposes some burden on the citizen either financial or otherwise. 45. Article 14 essentially contemplates equality in its absolute sense and classification can be taken recourse to if the State is unable or the State policy does not contemplate the same benefit or treatment to people who are not similarly situated. It is the philosophical sense decoded by this Court in the first part of Article 14 which is equal treatment for all withou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... litical parties in their election manifestos would amount to 'corrupt practices' as per Section 123 of the Representation of the People Act, 1951? 48. Before going into the acceptability or merits of the claim of the appellant and the stand of the respondents, it is desirable to reproduce certain provisions of the RP Act. Part VII of the RP Act deals with "corrupt practices" and "electoral offences" which was brought into force with effect from 28.08.1956. Chapter I of Part VII deals with "corrupt practices". Section 123 is the only Section relevant for our purpose which reads thus:- "123. Corrupt practices.- The following shall be deemed to be corrupt practices for the purposes of this Act: (1) "Bribery", that is to say- (A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing- (a) a person to stand or not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex- communication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt, practice under this clause. Explanation.- In this clause, the expression" vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (6) The incurring or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 territory) or of a State Government shall be conclusive proof- (i) of such appointment, resignation, termination of service, dismissal or removal from servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, it will be misleading to construe that all promises in the election manifesto would amount t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 justice can be achieved, the Government of Tamil Nadu has announced certain welfare schemes for raising the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irumangalyam' (Mangal Sutra). To mitigate the hardship of the poor families and vulnerable sections, the State Government has ordered the provision of 4 gms (1/2 sovereign) 22 ct. gold coin for making the 'Thirumangalyam' in addition to the already existing financial assistance of Rs. 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 Rs. 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 Rs. 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gold coin (for those who have studies up to 10th std., Vth Std, for Scheduled Tribes) Rs. 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 18 years (b) Income Limit Not exceeding Rs. 24,000/- per annum (E) Dr. Muthulakshmi Reddy Ninaivu Inter-Caste Marriage Assistance Scheme 1. Objectives of the Scheme To abolish caste and community feelings based on birth and wipe out the evils of untouchabiity by encouraging inter-caste marriage 2. Assistance provided and Educational Qualification Rs.25,000/- (Rs.15,000/- DD/Cheque, Rs. 10,000/- NSC Certificate) along with 4 gms. gold coin (for those who have studies up to 10th std., Vth Std, for Scheduled Tribes) Rs. 50,000/- (Rs.30,000/- DD/cheque, Rs. 20,000/- NSC Certificate) along with 4 gms. gold coin (for Graduate and diploma holders) 3. To whom the benefit is due Inter-caste married couple 4. When the benefit is due Considering the special constraints in such marriages the facility will be extended up to two years. 5. Eligibili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. Selection of Villages for the Scheme (i) The Commissioner of Animal Husbandry and Veterinary Services (CA&VS) will select the Village Panchayats to be taken for implementation during each of the 5 years in such a way that in a year, approximately 12,000 beneficiaries are distributed free Milch Cows in order to complete the distribution of 60,000 Milch Cows in 5 years. (ii) The free Milch Cows will be distributed to the poor beneficiaries on a priority basis in such Districts that have lesser number of Co-operative Societies than the total number of revenue villages. In such Districts, the distribution will be undertaken in those Village Panchayats where there are no Primary Milk Cooperative Societies at present. Consequent upon the distribution of the cows, action will be taken to form Primary Cooperative Societies of the beneficiaries in these villages and render the beneficiaries necessary hand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al 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 (However, owning some land is preferable, since it will enable production of green fodder in own land). * Do not own any cows/buffaloes at present. &nbs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ats 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. 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 Panch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rminology) are fragile or prone to diseases when transported enmasse from long distances and different climatic zones. Hence, unlike the Scheme for procurement of free Milch Cows wherein cows only from other States are proposed to be procured, it has been decided to procure Goats/Sheep predominantly from the local market shandies available within the State in the proximity of the beneficiaries. If good quality animals are brought and supplied by the breeders in the village itself, the supply 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; (ii) Within each District, the Village Panchayats will be selected in such a manner that approximately one-fifth of the beneficiaries will be covered in each Block in a year and the beneficiaries of a particular Village Panchyat will be fully covered within the year itself. The Commissioner of Animal Husbandry and Veterinary Services will work out the detailed Action Plan in this regard and convey to the District Collectors for implementation. In case of difficulties in implementation of the Scheme in some of the Village Panchayats having urbanized characters, the District Collector will, in consultation with the Commissioner of Animal Husbandry and Veterinary Services, re-allocate the surplus target to other deserving Village Panchayats. (iii) In the District, the District Collector will be the overall in-charge of the process of identification of beneficiaries. The Regional Joint Director (Animal 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 Panchay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Development Officer (ADW) with the village Administrative Officer concerned, to confirm the 'landless' status of the proposed beneficiaries and the community details. (No certificate is however to be insisted upon and the scrutiny of the Village Level Committee and subsequently the Gram Sabha will be considered to be final). Only after ensuring the eligibility of the proposed beneficiaries, the list will be approved by the Village Level Committee. (viii) The finalized list should be placed before the Gram Sabha for approval. The Gram Sabha should again ensure that 30% of the beneficiaries belong to SC/ST (SC 29% and ST 1%) communities. (ix) The District Collector should also arrange to send the Veterinary Assistant Surgeon/Deputy Block Development Officer (ADW) or another official of the rank of Deputy Block Development Officer (in case the Deputy Block Development Officer (ADW) is unable to attend) to participate in the Gram Sabha meeting and facilitate the discussion and finalization of the beneficiaries list. III. Solar Powered Green ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neering Colleges and polytechnic colleges. Accordingly the Government have issued order in G.O. (Ms) No.1, Special Programme Implementation Department dated 03.06.2011 for distribution of Laptop Computer at free of cost. Under this scheme, the students studying in Government and Government aided schools, Arts and Science Colleges, Engineering Colleges and Polytechnics will be eligible. These students will be covered as follows: Year Schools Arts/Science College Engineering Colleges Polytechnics 2011-12 Plus Two (12th std.) 1st & 3rd years students 2nd & 4th year students 1st & 3rd year students 2012-13 Plus Two (12th std.) 3rd year students 2nd & 4th Year students 1st & 3rd year students 2013-14 Plus Two (12th std.) - - 1st year student During the year 2011-12, laptop computers will be distributed to 9.12 lakh students studying in 12th standard, 1st and 3rd year of Arts and Science Colleges, 2nd and 4th year of Engineering Colleges and 1st and 3rd year of Polytechnic colleges. The concerned Heads of Institutions will ensure that the dropouts/discontinued/transferred students are not included in the list of eligible students. V. Free ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersal Public Distribution System is based on principle of self selection. Only those who need subsidized food articles will go to the Public Distribution System shops and not the entire population. (6) Based on these principles and out of years of experiences, Government of Tamil Nadu is convinced that Universal Public Distribution System assures better food security to the people and therefore has decided to continue with it. Process for issue of family cards On application for issue of family cards in the form prescribed (available in the website of the Department of Civil Supplies and Consumer Protection and can be downloaded and used - No cost for application), the Civil Supplies authorities verify the genuiness of the application and recommend for issue for family card or for rejection of cards as the case may be. No income details are collected from the individual and this information is not entered in the family card also. As income, except in the case of persons employed in the organized sector, is a dynamic variable susceptible to undergo charges in sync with any unexpected events in the employment market, these de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rporations, if any." 61. The concepts of livelihood and standard of living are bound to change in their content from time to time. It is factual that what was once considered to be a luxury has become a necessity in the present day. It is well settled that the concept of livelihood is no longer confined to bare physical survival in terms of food, clothing and shelter but also now necessarily includes basic medicines, preliminary education, transport, etc. Hence, the State distrusting largesse in the form of distribution of colour TVs, laptops, etc. to eligible and deserving persons is directly related to the directive principles of the State policy. 62. As a result, we are not inclined to agree with the argument of the appellant that giving of colour TVs, laptops, mixer-grinders etc. by the Government after adhering to due process is not an expense for public purpose. Judicial interference is permissible when the action of the government is unconstitutional and not when such action is not wise or that the extent of expenditure is not for the good of the State. We are of the view that all such questions must be debated and decided in the legislature and not in court. 63. More so, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ground that the same is not for public purpose. 65. In addition to the legislative control by way of Appropriation Acts, the rules framed by the Parliament under Article 118 and by the State Legislatures under Article 208 of the Constitution of India, also create a mechanism to keep a check on the expenditure incurred by the Government. 66. As far as State of Tamil Nadu is concerned, the Legislature has framed rules under Article 208 of the Constitution and these rules are known as The Tamil Nadu Legislative Assembly Rules. Under Chapter XX of the said Rules, a Public Accounts Committee is set up and usually such Public Accounts Committee is headed by a Member of the Opposite Party. The Public Accounts Committee scrutinizes the Government accounts and submits its report to the Legislature for its consideration. So, apart from the Appropriation Act, there is also effective control over the Government accounts and expenses through the Public Accounts Committee. 67. In addition to the Legislative control, the founding fathers of the Constitution have also thought it fit to keep a check on Government accounts and expenses through an agency outside the Legislature also. Article ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action instead of another is not a matter of concern in judicial review and the Court is not the appropriate forum for such investigation. In the light of settled principle and observing that in the given case no such circumstances prevail as envisaged for judicial enquiry; we are not persuaded to interfere with the policy decision. 70. With regard to the contention that distribution of State largesse in the form of colour TVs, laptops, mixer- grinders, etc., violates Article 14 of Constitution as the unequals are treated equally. Before we venture to answer this question, we must recall that these measures relate to implementation of Directive Principles of State Policy. Therefore, the principle of not to treat unequals as equal has no applicability as far as State largesse is concerned. This principle applies only where the law or the State action imposes some burden on the citizen either financial or otherwise. Besides, while implementing the directive principles, it is for the Government concerned to take into account its financial resources and the need of the people. There cannot be a straight jacket formula. If certain benefits are restricted to a particular class that can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tamil Nadu) raised the issue of jurisdiction stating that political parties are not State within the meaning of Article 12 of the Constitution of India and therefore, no writ of any nature can be issued against them either under Article 226 or Article 32 of the Constitution of India or any other provision of the Constitution or any other law. The correct forum is the Election Tribunal and not writ jurisdiction. 74. Admittedly, the respondents never raised any objection relating to the jurisdiction in the High Court or even in the pleadings before this Court. It is only in the oral submissions that this issue has been raised. 75. In the matters relating to pecuniary jurisdiction and territorial jurisdiction, the objection as to jurisdiction has to be taken at the earliest possible opportunity. But, this case relates to the jurisdiction over the subject matter. This is totally distinct and stands on a different footing. As such, the question of subject matter jurisdiction can be raised even in the appeal stage. However, as this petition is fit for dismissal de hors the jurisdiction issue, the jurisdiction issue is left open. 76. Summary: (i) After examini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ree. The Election Commission through its counsel also conveyed the same feeling both in the affidavit and in the argument that the promise of such freebies at government cost disturbs the level playing field and vitiates the electoral process and thereby expressed willingness to implement any directions or decision of this Court in this regard. 78. As observed in the earlier part of the judgment, this Court has limited power to issue directions to the legislature to legislate on a particular issue. However, the Election Commission, in order to ensure level playing field between the contesting parties and candidates in elections and also in order to see that the purity of the election process does not get vitiated, as in past been issuing instructions under the Model Code of Conduct. The fountainhead of the powers under which the commission issues these orders is Article 324 of the Constitution, which mandates the commission to hold free and fair elections. It is equally imperative to acknowledge that the Election Commission cannot issue such orders if the subject matter of the order of commission is covered by a legislative measure. 79. Therefore, considering that there is no ena ..... X X X X Extracts X X X X X X X X Extracts X X X X
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