Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Vidhayak Nidhi scheme - Constitutional Validity of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Vidhayak Nidhi scheme - Constitutional Validity of - Introduction of Scheme which provided for annual budgetary grants to Members of Legislative Assembly and Legislative Council of the State of U.P. - For facilitating development work in their constituencies - Validity of challenged by filing writ petition - In the alternative prayed that the money allocated under the Scheme to be utilized only for meeting the expenditure on schemes which are sanctioned under the district plans pursuant to the provisions u/Art. 243ZD of the Constitution and the U.P. District Planning Committee Act, 1999 - High Court relying on Bhim Singh's case [wherein members of Parliament Local Area Development Scheme' (MPLAD) was held to be constitutionality valid] held the Vidhayak Nidhi Scheme as constitutionally valid - Hoowever; as regards the allegations 'lack of accountability' and 'misuse of funds', High Court granted liberty to the petitioners lo give representation to Government after formulating their suggestions - Pursuant to the representation, orders were passed by the Rural Development Department and the Department of Planning of the State - On appeal, held: The Vidhayak Nidhi Scheme does not per se violate Art. 2../JZD or the U.P. District Planning Committee Act, 1999 - However, the guidelines formulated by the State Government are not in conformity with the spirit and underlying purpose of Parts IX and IXA of the Constitution in terms as held in Bhim Singh's case - Direction to State to include certain safeguards which form a part of MP LAD Scheme - Constitution of India - Parts IX and IXA, Art. 243ZD - Uttar Pradesh District Planning Committee Act, 1999. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2016 INSC 1043 |
Petitioner | Lok Prahari Thr. Its Gnrl. Secy, S N Shukla |
Respondent | State Of Up And Ors |
SCR | [2016] 8 S.C.R. 363 |
Judgement Date | 2016-11-21 |
Case Number | 11004 |
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