Taxpayers have no say in how money is to be spent, says Bombay HC
Mumbai, Aug 6, 2024
Bombay high court on Monday junked a PIL seeking quashing of the Mukhya Mantri Majhi Ladki Bahin Yojana and Mukhya Mantri Yuva Karya Prashikshan Yojana. Under the Ladki Bahin scheme, Rs 1500 per month will be given to women between 21 and 60 years of age are married, widowed, divorced or without support. Under the second scheme, a monthly stipend will be given to men in the 18-35 age bracked.
When petitioner Naveed Mulla's advocate Owais Pechkar said taxes paid should be used for constructing infrastructure, roads, highways, schools, etc, Chief Justice Devendra Kumar Upadhyaya asked, "Can we under Article 226 fix the priorities of the govt?" The bench, which also comprised justice Milind Borkar, said money is allocated through the budgetary process.
"Can such legislative process be subject to challenge?" the said, disagreeing with Pechkar that Ladki Bahin scheme discriminates against women earning above Rs 2.5 lakh. "Equality has to be judged amongst equals. You can't say persons earning up to Rs 2.5 lakh form the same class as persons earning more than that," the CJ explained.
The judges said there are welfare schemes targeting certain sections of people who, for some reason, have been at a disadvantage. Besides, Article 15 also enables making provision for many sections of society, including women.
Pechkar argued taxpayers' money was being wasted. "If tomorrow the govt comes up with a scheme for providing free education, you'll say it is a waste?" the CJ said. HC added that how the money collected as tax should be spent is up to the govt. When Pechkar asked if the taxpayer has no say, the CJI replied, "No. You don't have any say."
Advocate general Birendra Saraf said safeguards were in place "to ensure really needy women benefit from the scheme". He said under the employment incentive scheme, the stipend is restricted to only 6 months. No sooner than a youth gets a job, the stipend will be discontinued. Saraf said these are schemes in furtherance of Directive Principles of State Policy.
[The Times of India]
