Judgement of the Supreme Court of India regarding the legality of the Vidhayak Nidhi Scheme in the State of Uttar Pradesh, 21/11/2016

  • 21/11/2016

Judgement of the Supreme Court of India in the matter of Lok Prahari Vs State of Uttar Pradesh & Others dated 21/11/2016 regarding the legality of the Vidhayak Nidhi Scheme in the State of Uttar Pradesh which provides for annual budgetary grants to Members of the Legislative Assembly and Legislative Council for facilitating development work in their constituencies.

The primary submission of the appellant is that the field of development plans for districts is occupied by virtue of the provisions contained in Article 243ZD and the enactment of the state legislature noted above. According to the appellant, it is only the District Planning Committee which can identify or approve of a development plan. Hence, it was urged that elected representatives of the state legislature cannot be permitted to select a scheme other than what is within the purview of an approved development plan prepared by the District Planning Committees under the state legislation of 1999.

Supreme Court disposes of the Application and said that the Vidhayak Nidhi Scheme does not per se violate Article 243ZD or the U P Planning and Developmental Act, 1999 and emphasied that elected representatives have a vital role to play in democracy. They have an intrinsic connection with their constituencies and have a legitimate role to discharge in meeting the development needs of their constituencies.

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