SC rejects plea for postponement of budget due to state polls


New Delhi, Jan 23 (PTI): The Supreme Court today dismissed a plea seeking postponement of Union Budget presentation ahead of the upcoming Assembly elections in five states, saying there was no illustration that it would influence voters.

A bench headed by Chief Justice J S Khehar refused to admit the plea saying "there was not even a single concrete example that the presentation of Union Budget would influence the minds of electorate in state elections".

The bench, also comprising Justices N V Ramana and D Y Chandrachud, did not grant opportunity to lawyer M L Sharma, who had filed the PIL in personal capacity, to come back to it if the Centre violated the model code of conduct in its budget, to be presented on February one.

Referring to constitutional provisions, the court said there are clear divisions of subjects, Union, State and concurrent, in the Constitution and the presentation of Union budget cannot be dependant on state polls "which keep happening."

It was not impressed with the arguments that the Centre may announce sops for the voters of the states going for polls in the budget, saying "Your argument is absurd. This way you will say the party in power at Centre should not contest state polls".

The bench did not agree with the submission that in the past, Centre had postponed presentation of budget due to assembly polls.

The PIL has said the Centre be directed to present the Budget in the financial year 2017-18 which would commence from April 1, instead of the proposed February 1 date.

It has also said the government be restrained from declaring "any relief, programme, financial budget until the states' elections are over" as they would violate the Model Code of Conduct.

The Election Commission had on January 4 come out with the schedule of assembly elections in five states, including Uttar Pradesh.

The Centre has already decided to convene the Budget Session of Parliament from January 31 to present the Budget for 2017-18 fiscal the very next day.

  

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Comment on this article

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Mon, Jan 23 2017

    This verdict clearly delineates and respects the constitutional division of powers between the legislature and the judiciary. If the PIL were to succeed there will be postponement of elections in states for months together as the elections are spread out sometimes for weeks in big states like UP. It would have been wiser for the EC to check with the Centre the date for budget presentation rather than act blindly and announce election dates.

    DisAgree [12] Agree [6] Reply Report Abuse

  • Oliver, permude

    Tue, Jan 24 2017

    IndianEC is an independent body, they conduct elections as per the tenure of the respected government, weather state or central.
    EC announces the ModelCode Of Conduct, but in this case the Supreme Court the highest Judiciary Body in the country screwed the whole scenario.
    If the budget is announced b4 the elections then the ruling central government is sure to announce hundreds of sops to the states going to elect the assemblies and then not fulfilling it, as in case of 2014 Parliamentary elections where lots of sops announced but not even one fulfilled.
    Earlier RBI now SC and in future many more Indian independent departments will be handled by the central government.
    Guys get ready to be slaves of Master MODI

    DisAgree Agree Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Tue, Jan 24 2017

    I note there were 11 commentators to who disagreed with my comments. Either they are not aware of the constitutional ramifications or they are not appreciating a simple suggestion asking the EC to find out from the Union Government (i.e. the Finance Ministry) the probable budget date(s). OR they disagree for no reason at all. Of course they have the right! The Government cannot postpone the budget to suit state election dates; it cannot run the country that way.

    DisAgree Agree Reply Report Abuse

  • ABDUL RAFIQ, Uchila

    Mon, Jan 23 2017

    After RBI, Supreme court also becoming irrelevant and losing its credibility in India. Biased verdicts, double standards of SC making people to lose the faith on the judicial system.

    DisAgree [14] Agree [15] Reply Report Abuse


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