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Article 282 can be the source of power for emergent transfer of funds, like the MPLAD Scheme

Raj Kumar Makkad ,
  05 June 2010       Share Bookmark

Court :

Brief :
Constitutional validity of Members of Parliament Local Area Development (MPLAD) Scheme - Articles 275 and 282 of Constitution of India, 1950 - Whether the funds ear-marked and being spent from the Consolidated Fund of Union for implementation of the MPLAD Scheme is in accordance with the constitutional provisions and whether Parliament is empowered under Article 282 of the Constitution to make allocation under the MPLAD Scheme?
Citation :
Bhim Singh v. Union of India and Ors. (Decided on 06.05.2010) MANU/SC/0327/2010

Held, Both Articles 275 and 282 are sources of spending funds/monies under the Constitution. Article 282 acts as an enabling provision to allow the Union or the State to make any grant by conferring the widest possible power. Grant must be made for a 'public purpose' only. Welfare schemes advancing the public purpose/public interest by grants cannot be restricted under Article 282 - Expression "Grants" in Article 282 will have to be construed in a wider sense and it is not subject to any Article including Article 275. Article 282 is normally meant for special, temporary or ad hoc schemes. However, the matter of expenditure for a "public purpose", is subject to fulfillment of the constitutional requirements and cannot be restricted. Thus, Article 282 can be the source of power for emergent transfer of funds, like the MPLAD Scheme and it is constitutionally valid. Petition dismissed.

 

 
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Published in Constitutional Law
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