S. SUBRAMANIAM BALAJI -r v. THE GOVERNMENT OF TAMIL NADU & ORS.

A are possible then the benefit of doubt. should go to the --( elected candidate vide Manmohan Kalia v. Yash, vide sec p. 502, para 7 in which it is stated: "7.... It is now well settled by several authorities of ·- this Court that an allegation of corrupt practice must B be proved as strictly as a criminal charge and the principle of preponderance of probabilities would not apply to corrupt practices envisaged by the Act because if this test is not applied a very serious --4.,. prejudice would be caused to the elected candidate c who may be disqualified for a period of six years from fighting any election, which will adversely affect the electoral process."

15. In Surinder Singh v. Hardial Singh, vide SCC p. 104, D para 23 it was observed: -.\ "23 . ... It is thus clear beyond any doubt that for over 20 years the position has been uniformly accepted that charges of corrupt practice are to be equated with criminal charges and proof thereof would be not preponderance of E probabilities as in civil action but proof beyond reasonable doubt as in criminal trials."

37Copy pinpoint37. In Baldev Singh Mann vs. Surjit Singh Dhiman, (2009) 1 SCC 633, this Court observed as under: ~- F "19 .......... The law is now well settled that the charge of 1c a corrupt practice in an election petition should be proved almost like the criminal charge. The standard of proof is high and the burden of.proof is on the election petitioner. Mere preponderance. of probabilities is not enough, as may ,L .... G be the case in a civil dispute. Allegations of corrupt practices should be clear and precise and the charge should be proved to the hilt as in a criminal trial by clear, cogent and credible evidence.

H 21. The Court in a number of cases has held that the

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 701, TAMIL NADU [P. SATHASIVAM, J.] charge of corrupt practice is quasi-criminal in character and it has to be proved as a criminal charge and proved in the court. In Jeet Mohinder Singh case the Court observed as under:

"(ii) Charge of corrupt practice is quasi-criminal in character. If substantiated it leads not only to the setting aside of the election of the successful candidate, but also of his being disqualified to contest an election for a certain period. It may entail extinction of a person's public life and political career. A trial of an election petition though within the realm of civil law is akin to trial on a criminal charge. c Two consequences follow. Firstly, the allegations relating to commission of a corrupt practice should be sufficiently clear and stated precisely so as to afford the person charged a full opportunity of meeting the same. Secondly, the charges when put to· issue should be proved by clear, D ).. cogent and credible evidence. To prove charge of corrupt practice a mere preponderance of probabilities would not be enough. There would be a presumption of innocence available to the person charged. The charge shall have to be proved to the hilt, the standard of proof being the same as in a criminal trial."

38Copy pinpoint38. It is further submitted that the manifesto of the political ... >- party in question promises to achieve a social order removing economic inequalities, attain a social plane and attempts to reduce the degradations existing in our society where only a certain class of people are elevated and entitled to economic upliftment. The mandate for social and economic transformation requires that material resources or their ownership and control be so distributed as to subserve the common good. ~ G

39Copy pinpoint39. In Samatha vs. State of A.P. and Others, (1997) 8 sec 191, in paras 76 and 79, it has been held as under:

"76. Social and economic democracy is the foundation on H

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A which political democracy would be a way of life in the Indian polity. Law as a social engineering is to create just social order removing inequalities in social and economic life, socio-economic disabilities with which poor people are languishing by providing positive opportunities and B facilities to individuals and groups of people. Dr B.R. Ambedkar, in his closing speech in the. Constituent Assembly on 25-11-1949, had lucidly elucidated thus:

".. :What does social democracy mean? It means a way of life which recognises liberty, equality and fraternity as c the principles of life. These principles ofliberty, equality and fraternity are not to be treated as separate items in a trinity. They form a 1.mion of trinity in the sense that to divorce one ·from the other is to defeat the very purpose of democracy. Liberty cannot be divorced from equality, equality cannot ·o be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without Hberty would kill individual initiative. Without fraternity; liberty and equality could not become.a natural course of things. It Would require a constable to enforce· them. We must begin by acknowledging the fact that there . is complete absence of two things in Indian society. One of these is equality. On the social plane, we have in India . ·~·~ .. a society based on the principle of graded inequality which means elevation forsome and degradation for others. On the econom~ plane~ we have a society in which there are .some who have immensewealth as against many who live in abject poverty. On the 26th January, 1950, we are going to enter into a life of contradictions. In politics we wiU have· G equality and in social and economic life we will have inequality. In politics we will be recognizing the princfple of one man one vote and one vote one value. In our social and economic life, we shall, by reason of our social and economic structure, coritinue to deny the principle of one H

S. SL!BRAMANIAM BALAJI v GOVERNMENT OF 703 TAMIL NAOU [P. SATHASIVAM, J.}. ·· )- man one value. How long shall we continue to live this life of contradir:tions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment or else those who suffer from inequality will blow up the structure of political democracy which this Assembly has so laboriously built up." '· ·~ (Vide B. Shiva Rae's The Framing of /ncJia's Constitution: Select DOcuments, Vol. IV, pp. 944-45.) c

79. ltis necessary to consider at this juncture the meaning of the word "socialism" envisaged in the Preamble of the . Con.stitution. Establishment of the egalitarian social order through rule of law is the basic structure of the Constitution.· The Fundamental Rights and the Directive· Principles are the means, as two wheels of the chariot, to achieve the above object of democratic socialism. The word "socialist" used in the Preamble must be read from the goals Articles 14, 15, 16, 17, 21, 23, 38, 39, 46 and all other cognate articles seek to establish, i.e., to reduce inequalities in inco~e and status and to provide equality of opportunity and facilities. Social justice enjoins the Court to uphold the· Government's endeavour to remove economic .~ inequalities, to provide decent standard of living to the poor. and to protect the interests of the weaker sections of the society so as to assimilate all the sections of the society in a secular integrated socialist Bharat with dignity of person and equality of status to all."

40Copy pinpoint40. In Bhim Singh (su.pra), a Constitution Bench of this Court observed ·as under: · G """' "58. The above analysis shows that Article 282 can be the source of power for emergent transfer of funds, like the MPLAD Scheme. Even otherwise, the MPLAD Scheme H

704 . SUPREME COURT REPORTS [2013) 13 S.C.R.

A is voted upon and sanctioned by Parliament every year as a scheme for community development. We have already held that the scheme of the Constitution of India is that the power of the Union or State Legislature is not limited to the legislative powers to incur expenditure only in respect B of powers conferred upon it under the Seventh Schedule, but it can incur expenditure on any purpose not included within its legislative powers. However, the said purpose must be "public purpose". Judicial interference is permissible when the action of the Government is -'-,. c unconstitutional and not when such action is not wise or that the extent of expenditure is not for the good of the State. We are of the view that all such questions must be debated and decided in the legislature and not in court.

95. This argument is liable to be rejected as it is not based on any scientific analysis or empirical data. We also find · this argument a half-hearted attempt to contest the constitutionality of the Scheme. MPLADS makes funds available to the sitting MPs for developmental work. If the MP utilises the funds properly, it would result in his better performance. If that leads to people voting for the incumbent candidate, it certainly does not violate any principle of free and fair elections.

96. As we have already noted, MPs are permitted to recommend specific kinds of works for the welfare of the ~- people i.e. which relate to development and building of durable community assets (as provided by Clause 1.3 of the Guidelines). These works are to be conducted after approval of relevant authorities. In such circumstances, it cannot be claimed that these works amount to an unfair advantage or corrupt practices within the meaning of the Representation of the People Act, 1951. Of course such spending is subject to the above Act and the regulations of the Election Commission."

S.- SUBRAMANIAM BALAJI v GOVERNMENT OF 705

TAMIL NADU [P. SATHASIVAM, J.] )-- (IV) The Schemes under challenge operate within the parameters of public purpose and Article 14 of the Constitution has no role to play.

41Copy pinpoint41. The argument of the appellant that giving of colour TVs, laptops, mixer-grinders etc. on the basis of the manifesto of the party that forms the Government is not an expense for a public purpose. This argument is devoid of any merit according to learned senior counsel for the State of Tamil Nadu. It was -~ submitted that the concept of State Largesse is essentially linked to Directive Principles of State Policy. Whether the State should frame a scheme, which directly gives benefits to c improve the living standards or indirectly by increasing the means of livelihood, is for the State to decide. The preamble to the Constitution recognizes Socialism as one of the pillars

- >- of Indian Democracy. The preamble has been held to be a part of the Constitution by a catena of judgments including Keshavanand Bharati vs. State of Kera/a (1973) 4 SCC 1461. D

The State largesse is directly linked to the principle of Socialism and, therefore, it is too late in the day for anybody to contend that the Government giving colour TVs, laptops, mixer-grinders,· etc. that too to the eligible persons as E prescribed by way of Government Order is not a public purpose. For the same reasons, it must be held that it is a part '> ~ of Government function to take measures in connection with Government largesse. F

42Copy pinpoint42. It is further submitted that the political parties in their election manifesto promised to raise the standard of living of the people and to formulate a scheme/policy for the upliftment of the poor. The distribution of basic necessities in today's time - --\., like TVs, mixers, fans and laptops to eligible persons fixing G parameters, can by no stretch of imagination be said to be State largesse. A three-Judge Bench of this Court in Deepak Theatre, Dhuri vs. State of Punjab and Others, 1992 Supp (1) sec 684, held as under: H

706 SUPREME COURT REPORTS [2013] 13 S.C.R.

"5. Witnessing a motion picture has become an --( , A amusement to every person; a reliever to the weary and . fatigued; a reveller to the pleasure seeker; an ·imparter of education and enlightenment enlivening to news and current events; disseminator of scientific knowledge; B perpetuator of cultural and spiritual heritage, to the teeming illiterate majority of population. Thus, cinemas have become tools to promote welfare of the people to secure and protect as effectively as it may a social order as per ~- directives of the State policy enjoined under Article 38 of the Constitution. Mass media, through motion picture has c thus become the vehicle of coverage to disseminate cultural heritage, knowledge, etc. The passage of time made manifest this growing imperative and the consequential need to provide easy access to all sections

D of the society to seek admission into theatre as per his . paying capacity." ~

43Copy pinpoint43. The grievance of the appellant is that the public resources are being used for the benefit of individuals. According to learned senior counsel for the respondent, this E a·rgument is completely misconceived. It was submitted th.at in catena of cases, this Court has held that while judging the constitutional validity of any law or any State action, the Directive Pr~nciples of the State -Policy can be taken into ~; account. Article 38 contemplates that the State shall strive to F promote the welfare of the people. Article 39 contemplates that the State shall take actions to provide adequate means of livelihood and for distribution of material resources of the communjty on an egalitarian principle. Article 41 contemplates that the State shall rencar assistance to citizens in certain )... circumstances and also in cases of undeserved want. Article G 43 directs that the State shall "endeavour to secure to all workers, by suitable legislation or economic organisation or any other way to ensure decent standard of life and full enjoyment of leisure and social and cultural opportunities to the workers". Similarly, Article 45 contemplatesthatthe State shall endeavour ·H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 707

TAMIL NADU [P. SATHASIVAM, J.] t to provide early childhood care and education to all children be.low the age of 6 years and Article 46 says that the State shall promote educational and economic interests of the weaker sections of the people. Article 4 7 contemplates that the. State '• shall take steps to raise the level of nutrition and the standard -{ of living. The concept of livelihood and standard of living are bound to change in their content from time to time. This Court has dealt with the concept of minimum wage, the fair wage and

) . the living wage while dealing with industrial disputes and has . noted that these concepts are bound to change from time to time. What was once considered to l:le a luxury can become a c -" necessity. The concept of livelihood is no longer confined to a bare physical survival in terms of food, clothing and shelter, but also now must necessarily include some provision for medicine, transport, education, recreation etc. How to implement the .. directive principles of State Policy is a matter within the domain D ).. of the Government, ~ence, the State distributing largesse in the form of distribution of colour TVs, laptops,· mixer-grinders etc. to eligible and deserving persons is directly related to the directive principles of the State Policy.

44Copy pinpoint44. The other facet of the argument is that this largesse is distributed irrespective of the income level and, therefore, violative of Article 14 as unequals are treated equally. Learned senior counsel submitted that this principle of not to treat > ~ unequals as equals has no applicability as far as State largesse • is concerned. This principle applies only where the law or the F State· action imposes some burden on the citizen. either financial or otherwise.

45Copy pinpoint45. Article 14 essentially contemplates equality in its absolute sense and classification can be taken recourse to if the State is unable or the State policy does not contemplate the same benefit or treatment to people who are not similarly situated. It is the philosophical sense decoded by this Court in G

the first part of Article 14 which is equal treatment for all without any distinction. This-is the concept of formal equality which is. H

·708 SUPREME COURif REPORTS [2013) 13 S.C.R.

A not necessarily an antithesis to Article 14. The concept of equality based on classification is proportional equality. The formal equality applies when the State is in a position to frame a scheme or law which gives the same benefit to all without any distinction and the proportional equality applies when the State B frames a law or a Scheme which gives benefit only to people · who form a distinct class. It is in the case of proportional equality that the principles of intelligible differentia having reasonable nexus to the object of legislation gets attracted. Article 14 does not prohibit formal equality. The Directive Principles of State c Policy save proportional equality from falling in foul with formal equality contemplated by Article 14.

Contentions of the Union of India, CAG and Election Commission:

46Copy pinpoint46. Mr. P.P. Malhotra, learned ASG also reiterated the stand taken by learned senior counsel for the State. It is the stand of the CAG that they have no role. at this juncture, particularly, with reference to the prayer sought for. Ms. Meenakshi Arora, learned counsel for the Election Commission E of India submitted that with the existing provisions in the RP Act, Election Commission is performing its duties, however, if this Court frames any further guidelines, they are ready to implement the same.

47Copy pinpoint47. We have carefully considered the rival contentions, perused the relevant provisions, various Government orders, guidelines and details furnished in the counter affidavit. Theo following points arise for consideration:

Points for Consideration: G (i) Whether the promises made by the political parties in the election manifesto would amount to 'corrupt practices' as per Section 123 of the RP Act?

(ii) Whether the schemes under challenge are within the H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF ,709 TAMIL NADU [P. SATHASIVAM, J.] ')-- ambit of public purpose and if yes, is it violative of Article 14? A

(iii) Whether this Court has inherent power to issue guidelines by application of Vishaka principle?

(iv) Whether the Comptroller and Auditor General of India has a duty to examine expenditures even before they are B deployed?

_)._ (v) Whether the writ jurisdiction will lie against a political party? ..,. c ' Discussion:

Issue No. 1

Whether the promises made by the political parties in their election manifestos would amount to 'corrupt D >- practices' as per Section 123 of the Representation of the People Act, 1951?

--! 48. Before going into the acceptability or merits of the claim of the appellant and the stand of the respondents, it is desirable to reproduce certain provisions of the RP Act. Part VII of the RP Act deals with "corrupt practices" and "electoral offences" which was brought into force with effect from I>'~ 28.08.1956. Chapter I of Part VII deals with "corrupt practices". Section 123 is the only Section relevant for our purpose which reads thus:- F ., "123. Corrupt practices.-. The following shall be deemed to be corrupt practices for the purposes of this Act: = ~ (1) "Bribery'', that is to say- ' G (A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing- H

710 SUPREME COURT REPORTS [2013] 13 S.C.R.

A (a) a person to stand or not to stand as, or [to withdraw or not to withdraw] from being a candidate at an election, or

(b) an elector to vote or refrain from voting at an election, or as a reward to- B (i) a person for having so stood or not stood, or for [having withdrawn or not having withdrawn] his candidature; or

(ii) an elector for having voted or refrained from voting; ..1, _

(B) the receipt of, or agreement to receive, any c gratification, whether as a motive or a reward- "';---

(a) by a person for standing or not standing as, or for [withdrawing or not withdrawing] from being, a candidate; or D (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate [to withdraw or not to withdraw] E his candidature.

Explanation.- For the purposes of this clause the term" gratification" is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms 1 _, of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any elec- tion and duly entered in the account of election expenses referred to in Section 78. >- . G (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the. candidate or his agent, or of any other person [with the consent of the candidate or his election agent], with the free exercise of any electoral right: Provided that- H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 711

TAMIL NADU [P. SATHASIVAM, J.] ~ (a) without prejudice to the generality of the provisions of A 4 this clause any such person as is referred to therein Who-

(i) threatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex- B communication or expulsion from any caste or community; or _). (ii) induces or attempts to induce a candidate or an elector

- to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, c

shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the ',, meaning of this clause; >- D (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. E (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent ., t to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or F appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting

- ..... the election of any candidate:

Provided that no symbol allotted under this Act to a G candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.

(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens H

712 SUPREME COURT REPORTS [2013) 13 S.C.R.

A of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any B candidate.

(38) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his ~- election agent for the furtherance of the prospects of the c election of that candidate or for prejudicially affecting the election of any candidate.

Explanation.- For the purposes of this clause," sati" and" glorification" in relation to sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987 .

(4) The publication by a candidate or his agent or by any other Person, [with the consent of a candidate or his election agent], of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal [of any candidate, being a statement 1 .. reasonably calculated to prejudice the prospects of that candidate' s election.

(5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a G candidate or his election agent], [or the use of such vehicles or vessel for the free conveyance] of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided under Section 25 or a place fixed under sub- section (1) of H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 713

,. TAMIL NADU [P. SATHASIVAM, J.]

... Section 29 for the poll: A

Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to B be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: ~)..

-- Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector c at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt, practice under this clause.

Explanation.- In this clause, the expression" vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

(6) The incurring or authorizing of expenditure in contravention of Section 77.

.. ~ (7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person [with the consent of a candidate or his election agent], any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the Government and belonging to any of the following classes, . ~ namely:- G (a) gazetted officers;

(b) stipendiary judges and magistrates;

(c) members of the armed forces of the Union; H

714 SUPREME COURT REPORTS [2013] 13 S.C.R.

A (d) members of the police forces; -f . r (e) excise officers;

(f) revenue officers other than village revenue officers known as lambardars, malguzars, patels, deshmukhs or by B any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any police functions; and] ,(,

c (g) such other class of persons in the service of the Government as may be prescribed: -. Provided that where any person, in the service of the Government and belonging to any of the classes aforesaid, in the discharge or purported discharge of his official duty, makes any arrangements or provides any, facilities or does any other act or thing for to or in relation to any candidate or his agent or any other person acting with the consent of the candidate or his election agent, (whether by reason of the office held by the candidate or for any other reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate' s election.

(h) class of persons in the service of a local authority, -+ -· F university, government company or institution or concern or undertaking appointed or deputed by the Election Commission in connection with the conduct of elections.

(8) Booth Capturing by a candidate or his agent or other

G person. >- - Explanation.- (1) In this Section the expression" agent" includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate. H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 715

TAMIL NADU [P. SATHASIVAM, J.] t (2) For the purposes of clause (7), a person shall be A ... deemed to assist in the furtherance of the prospects of a candidate' s election if he acts as an election agent of that candidate.

(3) For the purposes of clause (7), notwithstanding anything B cont~ined in any other law, the publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in .__ )_ the service of the Central Government (including a person serving in connection with the administration of a Union

-- territory) or of a State Government shall be conclusive proof- c

(i) of such appointment, resignation, terminatio·n of service, dismissal or removal from service, as the case may be, and D

(ii). where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service, such person ceased to be in such service y ~ with effect from the said date.]

(4) For the purposes of clause (8)," booth capturing" shall have the same meaning as in Section 135A."

49Copy pinpoint49. Keeping the parameters fixed in the above Section, we have to analyze the claim of both the parties hereunder. A -t. perusal of sub-sections 1-8 of Section 123 makes it clear that it speaks only about a candidate or his agent or any other person. There is no word about political parties. Taking note of the conditions mandated in those sub-sections, let us test the respective stand of both the parties.

50Copy pinpoint50. For deciding the issue whether the contents of the H

716 SUPREME COURT REPORTS [2013) 13 S.C.R.

A political manifesto would constitute a corrupt practice under 'f Section 123 of RP Act, it is imperative to refer to the intention 'y

of the legislature behind- incorporating the respective section. The purpose of incorporating Section 123 of the RP Act is to ensure that elections _are held in a free and fair manner. B

51Copy pinpoint51. The object of provisions relating to corrupt practices was elucidated by this Court in Patangrao Kadam vs. Prithviraj Sayajirao Yadav Deshmukh and Ors. (2001) 3 SCC 594 as follows:- .(. c 14. " .... Fair and free elections are essential requisites to maintain the purity of election and to sustain the faith of .... the people in election itself in a democratic set up. Clean, efficient and benevolent administration are the essel').tial features of good governance which in turn depends upon D persons of competency and good character. Hence those indulging in corrupt practices at an election cannot be spared and allowed to pollute the election process and this purpose is sought to be achieved by these provisions contained in the RP Act." E

52Copy pinpoint52. With this background, let us analyze the contention of the appellant. The gist of appellant's argument is that promises of freebies such as colour TVs, mixer-grinders, laptops, etc., are in form part of an election manifesto of a political party but -t -. in substance is a bribe or inducement under Section 123. Thus, F it is the stand of the appellant that the promise of this nature indeed induces the voters thereby affecting the level playing field between the candidates, which in turn disrupts free and fair election. Therefore, the appellants suggested for construing the promises made in the election manifesto as a corrupt practice ...__ • G under Section 123 of RP Act. He mainly relied on the principle that one cannot do indirectly what it cannot do directly.

53Copy pinpoint53. As appealing this argument may sound good, the implementation of this suggestion becomes difficult on more than one count. Firstly, if we are to declare that every kind of

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 717 TAMIL NADU [P. SATHASIVAM, J.] promises made in the election manifesto is a corrupt practice, this will be flawed. Since all promises made in the election manifesto are not necessarily promising freebies per se, for instance, the election manifesto of a political party promising to develop a particular locality if they come into power, or promising cent percent employment for all young graduates, or such other acts. Therefore, it will be misleading to construe that all promises in the election manifesto would amount to corrupt practice. Likewise, it is not within the domain of this Court to ~} legislate what kind of promises can or cannot be made in the election manifesto. c

54Copy pinpoint54. Secondly, the manifesto of a political party is a statement of its policy. The question of implementing the manifesto arises only if the political party forms a Government. It is the promise of a future Government. It is not a promise of an individual candidate. Section 123 and other relevant provisions, upon their true construction, contemplate corrupt practice by individual candidate or his agent. Moreover, such corrupt practice is directly linked to his own election irrespective of the question whether his party forms a Government or not. The provisions of the RP Act clearly draw a distinction between an individual candidate put up by a political party and the political party as such. The provisions of the said Act prohibit an individual candidate from resorting to promises, which ..- t constitute a corrupt practice within the meaning of Section 123 of the RP Act. The provisions of the said Act place no fetter on the power of the political parties to make promises in the election manifesto.

55Copy pinpoint55. Thirdly, the provisions relating to corrupt practice are penal in nature and, therefore, the rule of strict interpretation must apply and hence, promises by a political party cannot, constitute a corrupt practice on the part of the political party as the political party is not within the sweep of the provisions relating to corrupt practices. As the rule of strict interpretation -i applies, there is no scope for applying provisions relating to H \. <'

718 SUPREME COURT REPORTS [2013) 13 S.C.R.

A corrupt practice contained in the said Act to the manifesto of a political party.

56Copy pinpoint56. Lastly, it is settled law that the courts cannot issue a direction for the purpose of laying down a new norm for B characterizing any practice as corrupt practice. Such directions would amount to amending provisions of the said Act. The power to make law exclusively vests in the Union Parliament and as long as the field is covered by parliamentary enactments, no directions can be issued as sought by the appellant. As an ~-, outcome, we are not inclined to hold the promises made by the c political parties in their election manifesto as corrupt practice under Section 123 of the RP Act.

Issue No. 2

D Whether the schemes under challenge are within the ambit of public purpose and if yes, is it violative of Article 14?

57Copy pinpoint57. The concept of State largesse is essentially linked to Directive Principles of State Policy. Whether the State should E frame a scheme, which directly gives benefits to improve the living standards or indirectly by increasing the means of livelihood, is for the State to decide and the role of the court is very limited in this regard. -t . .

58Copy pinpoint58. It is not in dispute that television is a widely used tele- communication medium for receiving moving images. Today, television has a lot of positive effects and influences on our society and culture. Television gives helpful hformation and it is not an equipment aimed for entertainment alone. The State G Government has also asserted that the purpose of distributing ,!,..

colour television sets is not restricted for providing recreation but to provide general knowledge to the people, more particularly, to the household women.

59Copy pinpoint59. On behalf of the State of Tamil Nadu, it was explained H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 719

TAMIL NADU [P. SATHASIVAM, J.] that in order to promote the welfare of the people by securing A and protecting, as effectively as it may, a social order in which social and economic justice can be achieved, the Government of Tamil Nadu has announced certain welfare schemes for raising the standard of living of the people by providing assistance to the deserving ones as envisaged under the B Directive Principles of the Indian Constitution. In order to implement those schemes effectively, the Government of Tamil Nadu had exclusively formed a Special Programme Implementation Department. Guidelines for each Scheme were framed to identify the beneficiaries and mode of distribution. c

60Copy pinpoint60. It is pointed out by the State that the Government has issued necessary orders for the following schemes:

(i) Marriage Assistance Scheme; D (ii) Distribution of Milch Animals and Goats;

(iii) Solar Powered Green House Scheme;

(iv) Laptop Computer to students; E (v) Free Rice Scheme; and

(vi) Free distribution of Electric Fans, Mixies and Grinders to women.

The Schemes are as under: F "Marriage Assistance Scheme

(1) The economic status of a family plays a vital role in· enabling the poor parents who have daughters to fulfill the social obligation of marriage. Various G Marriage Assistance Schemes being implemented by the Government of Tamil Nadu are in vogue to benefit the poor and the downtrodden for whom the marriage ceremony of their daughters impose a H

720 SUPREME COURT REPORTS (2013] 13 S.C.R.

A heavy burden. There are at present 5 marriage assistance schemes and they are as follows:

(i) Moovalur Ramamirtham Ammaiyar Ninaivu Marriage Assistance Scheme for poor girls B (ii) Dr. Dharmambal Ammaiyar Ninaivu Widow Re- marriage Assistance Scheme to encourage the remarriage of young widows

(iii) E.V.R. Maniammaiyar Ninaivu Marriage c Assistance Scheme for daughters of poor widows

(iv) Annai Theresa Ninaivu Marriage Marriage Assistance Scheme for Orphan Girls.

(v) Dr. Muthulakshmi Reddy Minaivu Inter-caste D Marriage Assistance Scheme

(2) With the extraordinary rise in the price of gold, poor families and the abovementioned vulnerable categories find it difficult to buy even a small quantity of gold for the traditional 'Thirumangalyam' (Mangal Sutra). To mitigate the hardship of the poor families and vulnerable sections, the State Government has ordered the provision of 4 gms (1/2 sovereign) 22 ct. gold coin for making the 'Thirumangalyam' in addition to the already existing financial assistance of Rs.25,000/-. Moreover, with the aim of encouraging higher education among women, the present Government has also introduced a new scheme of providing financial assistance of Rs.50,000/- for graduates/diploma holders along with the four grams 22 carat gold coin for making the 'Thirumangalayarn'.

(3) The guidelines for sanction of assistance under the various Marriage Assistance Scheme H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 721

.TAMIL NADU [P. SATHASIVAM, J.] include that the annual income of the family should A not exceed Rs.24,000/- and the minimum age limit for the girls should be 18 years. The detailed guidelines have been issued in G.O.(Ms.) No. 49, l SW & NMP Dept. dated 26.07.2011. The details pertaining to each scheme are as follows: B

(A) Moovalur Ramamiratham Ammaiyar Ninaiyu Marriage Assistance Scheme

1. Objectives of the Scheme To help the poor parents financially in getting their c daughter's married and to I promote the educational status of poor girls.

. 2. Assistance provided and Rs.25,000/- along with 4 D Educational Qualification gms. gold coin (for those who have studies up to 10th std., Vth Std, for Scheduled Tribes)

3. To whom the benefit is due Girls belonging to poor E families

4. When the benefit is due Before marriage

5. Eligibility Criteria F a) Age Limit Bride should have completed 18 years of age

b) Income Limit Not exceeding Rs.24,000 G per annum

c) Other criteria Only one girl from a famil) is eligible

722 SUPREME COURT REPORTS [2013] 13 S.C.R.

A (B) Dr. Dharmambal Ammaiyar Ninaivu Widow Re- marriage Assistance Scheme

'I . Objectives of the Scheme To encourage widow remarriage and B rehabilitate widows

2. Assstance provided and Rs.25,000/- along with 4 Educational Qualification gms. gold coin (for those who have studies up to 10th std., Vth Std, for c Scheduled Tribes)

Rs. 50,000/- along with • gms. gold coin (for Graduate and diploma holders)

3. To whom the benefit is due To the couple

4. When the benefit is due Within 6 months from the date of marriage E

5. Eligibility Criteria

a) Age Limit Minimum age of 20 year~ for the bride and below 4( -+ • years for the bridegroom F b) Income Limit No income ceiling.

(C) E.V.R. Maniammaiyar Ninaivu Marriage Scheme for daughters of poor widows

G 1. Objectives of the Scheme To help the poor widows by providing financial assistance for the marriage of their daughters H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 723

TAMIL NADU [P. SATHASIVAM, J.] , t 2. Assistance provided and Rs.25,000/- along with 4 A Educational Qualification gms. gold n coin (for those who have studies up to 10th std., Vth Std, for Scheduled Tribes) B Rs. 50,000/- along with 4 gms. gold coin (for Graduate and diploma holders)

3. To whom the benefit is due Daughter of poor widow c

4. When the benefit is due Before marriage

5. Eligibilib'. Criteria a) Age Lim!t 18 years D b) Income Limit Not exceeding Rs.24,0001 per annum c) Other Criteria Only one daughter of a poor widow is eligible E (D) Annai Theresa Ninaivu Marriage Assistance Scheme for Orphan Girls

1. Objectives of the Scheme To help the orphan girls financially for their marriage F

2. Assistance provided and Rs.25,000/- along with 4 Educational Qualification gms. gold coin (for those who have studies up to 10th std., Vth Std, for Scheduled Tribes) G

Rs. 50,000/- along with 4 gms. gold coin (for Graduate and diploma holders) H

724 SUPREME COURT REPORTS [2013) 13 S.C.R.

A 3. To whom the benefit is due Orphan girls

4. When the benefit is due Before marriage

5. Eligibilib'. Criteria a) Age Limit 18 years B b) Income Limit Not exceeding Rs.2{qoo1 per annum .. (E) Dr. Muthulakshmi Reddy Ninaivu Inter-Caste J.,~ Marriage Assistance Scheme c 1. Objectives of the Scheme To abolish caste and community feelings based on birth and wipe out the evils of untouchabiity by ,_ encouraging inter-caste ... D marriage

2. Assistance provided and Rs.25,000/- (Rs.15,000/- Educational Qualification DD/Cheque, Rs.10,000/- NSC Certificate) along with 4 gms. gold coin (for those who have studies up to 10th std., Vth Std, for Scheduled Tribes) Rs. 50,000/- (Rs.30,000/- F DD/cheque, Rs.20,000/- NSC Certificate) along • with 4 gms. gold coin (for Graduate and diploma holders)

G 3. To whom the benefit is due Inter-caste married couple

4. When the benefit is due Considering the special constraints in such marriages the facility will be extended up to two H years.

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 725

TAMIL NADU [P. SATHASIVAM, J.] A

5. Eligibilitv Criteria

a) Age Limit Minimum 18 years

b) Income Limit No Income limit B II. Distribution of Milch Animal and Goats

(i) It is highlighted by the State that with the growing -..). population and shrinking land resources, the nutritional requirement of the State cannot be met ,.,. by increasing the agricultural production alone. c Moreover vagaries of monsoon, availability of water have added to the pressure on increasing the agricultural production. To compensate this, it is necessary to improve the animal production. _, D >- (ii) As per the Indian Council for Agriculture Research (ICAR) norms, the per capita requirement of milk and meat per individual per day is 260 gms per day and 15gms. per day respectively. At present, the • _ per capita availability of milk and meat in Tamil Nadu is below the recommended requirement. E Hence, it is the need of the hour to increase the milk and meat production in the State to the State's •+ human population requirements. Moreover, still a large population in the State live below the poverty ... F line.

(iii) Hence, it has been proposed to improve the standard of living by providing the needy poor with _,. a Milch cow (to 60000 families) ·and sheep/goats to about poorest of the poor (7 lakh families) spread G across the State. The main aim of the above Schemes will be to improve the standard of living of the poorest of the poor.

(iv) Under the Scheme of free distribution of Milch H

726 SUPREME COURT REPORTS [2013] 13 S.C.R.

A Cows, it has been envisaged to distribute Milch Cows to the poor people selected by the Grama Sabha based on norms in such villages/districts which do not have adequate availability of milk. Likewise, the poorest of the poor living in the rural B areas will be identified democratically by the Grama Sabha and will be given 4 sheep/goats in order to sustain their livelihood by rearing these sheep/ goats.

A. The scheme for distribution of 60,000 lactating c cows free of cost in rural village panchayats

(i) The Government of Tamil Nadu have planned to launch a Scheme to distribute 60,000 free Milch Cows to the poor beneficiaries in the rural areas D in the next 5 years in order to give boost to the milk productivity of the State. This scheme will be called "Scheme for free distribution of Milch Cows".

2. Selection of Villages for the Scheme E (i) The Commissioner of Animal Husbandry and Veterinary Services (CA&VS) will select the Village Panchayats to be taken for implementation during each of the 5 years in such a way that in a year, approximately 12,000 beneficiaries are distributed free Milch Cows in order to complete the distribution of 60,000 Milch Cows in 5 years.

(ii) The free Milch Cows will be distributed to the poor beneficiaries on a priority basis in such District~ that have lesser number of Co-operative Societies than the total number of revenue villages. In such Districts. the distribution will be undertaken in those Village Panchayats where there are no Primary Milk Cooperative Societies at present. Consequent upon the distribution of the cows, action will be H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 727

TAMIL NADU [P. SATHASIVAM, J.] taken to form Primary Cooperative Societies of the A beneficiaries in these villages and render the beneficiaries necessary hand-holding assistance by the Dairy Development Department. The Co- operative network has the following advantages for the beneficiaries: B

(a) Availability of immediate opportunity of sale of milk through the Milk Cooperative Society ~) at good prices.

(b) Availability of Breeding services as well as c Veterinary care at the door steps through the Society as well as Milk Union.

(c) Opportunity to tap the benefits of various Central/State funded Schemes meant for the D co-operative sector.

(iii) Out of the villages to be selected within the Districts concerned, the smaller village Panchayats will be prioritized by the Commissioner of Animal Husbandary & E Veterinary Services for the implementation of · the Scheme since it will be easier to form the '/ Primary Milk Societies of smaller and • cohesive units. Further, t-he Village Panchayats to be taken up each year will be F '' grouped in appropriate ·geographical Clusters as to facilitate the economical collection of milk.

3. Breed of Milch Cows to be procured G (i) The breeding policy of the State envisages rearing of the Cross Bred Jersey Cows in the plains and Cross Bred Holstein-Friesian cows in the hilly areas of the State and the Cross Bred Cows yield, on an H

728 SUPREME COURT REPORTS [2013] 13 S.C.R.

A average, 2.5 times the milk yield of indigenous cows. It is, hence, proposed to supply Cross bred cows as per the Breeding Policy of the State. Further, in most of the cases, farmers prefer rearing · of cows as compared to buffaloes. Hence, it is B proposed to distribute only cows in this Scheme. Amongst the Cross Bred cows too, it is proposed to supply lactating cows that are in their firsUsecond lactation so as to ensure a continuous production A_, for next five lactations. The age of the animal should c not be more than 5 years.

4. Identification of Beneficiaries

(i) The free Milch Cows will be distributed at the rate of one Cow per eligible household. In order to empower the women, it has been decided that the ,ii.. actual beneficiary will be the Woman of the household. In case there are any transgender residing in the Village Panchayat, who are otherwise eligible as per the criteria given below, they will also be considered to be eligible for the SchemE;!. ~ (ii) Criteria for eligibility The beneficiaries should satisfy the following criteria: --If I

F Women Headed households are to be given priority, (Widows, Destitutes and the Disabled women to be given priority within this group).

G Are below 60 years of age.

Do not own land over 1 acre in their own name or family members' name (However, owning some land is preferable, since it will enable production of green fodder in own H land).

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 729

TAMIL NADU [P. SATHASIVAM, J.] Do not own any cows/buffaloes at present. A

Are not employees of Central/State Government or any Organisation/cooperative or member of any Local Body (nor should their spouse or father/mother/parents-in-law/ 8 son/daughter/son-in-law/daughter-in-law be so).

Have not benefited from the free Goats/ Sheep Scheme of the Government. . c Should be permanent resident of the Village Panchayat.

At least 30% beneficiaries from the Village Panchayat should necessarily belong to SC/ D ST (SC 29% and ST 1%) Communities.

(iii) In order to form a viable and successful procurement of milk by the Primary Milk Cooperative Societies, it is preferable that at least 50 members within a village Panchayat should E pour the milk to the Milk Cooperative Society. Hence, ordinarily around 50 beneficiaries should be • .y provided with cows in each of the selected Village Panchayats. F (iv) In the District, the District Collector will be overall in-charge of the process of identification of beneficiaries. The Regional Joint director (Animal Husbandry) (RJAD), Project Officer (Mahalir Thittam) and Assistant Director (Panchayats) will assist him in this regard. The District Collector will G form a village Level Committee consisting of (i) Village Panchayat President, (ii) Vice-President, (iii) the senior most Ward member (by age) representing SC/ST Community, (iv) the Panchayat H

730 SUPREME COURT REPORTS [2013] 13 S.C.R.

A Level Federation (PLF) Coordinator, (v) an active SHG representative (vi) the Veterinary Assistant Surgeon (VAS) of the area and (vii) the Deputy, Block Development Officer (ADW) to identify and shortlist the list of beneficiaries per the norms B specified. The District Collector should also ensure that necessary support is rendered to the Committee by the Village Panchayat Assistant concerned. The purpose of adding the Veterinary Assistant Surgeon and Deputy Block Development c Officer is to ensure that the short listed beneficiaries are conforming to the prescribed norms.

(v) After constituting the Village Level Committee for the selected Village Panchayats concerned, the D District Collector should arrange to convene a meeting of all the members concerned and in that ~meeting, the details of the Scheme and the eligibility conditions are to be explained in detail. Since, the number of Village Panchayats per E District will be ordinarily only about 10 per District .. per year, the District Collector should himself convene this meeting and convey the details.

(vi) The District Collector should, thereafter, fix a F Special Meeting of the Grama Sabha in the Village Panchayat concerned to inform the details of the Scheme to the villagers. The Veterinary Assistant Surgeon and Deputy Block Development Officer (ADW) will explain the salient features of the Scheme and the eligibility details of the G beneficiaries in the meeting. Applications for the free Milch Cows will be sought for in this Special Gram Sabha Meeting from the interested beneficiaries.

S., SUBRAMANIAM BALAJI v GOVERNMENT OF 731 TAMIL NADU [P. SATHASIVAM, J.] l )- (vii) A period of one week will also be given for further receipt of Applications. The Applications can be given to any of the village Level Committee members or directly to the Village Panchayat. Thereafter, the Veterinary Assistant Surgeon and Deputy Block Development Officer (ADW) will arrange a meeting of the village level Committee in the office of the Village Panchayat to scrutinize .,, ) and list out the names of all the eligible beneficiaries for the Scheme.

- < (viii) The list prepared should also be got verified by the Veterinary Assistant Surgeon and Deputy c Block Development Officer (ADW) with the Village Administrative officer concerned, with regard to the land ownership details and the community details. ~ (No certificate is however to be insisted upon and D the scrutiny of the Village Level committee and subsequently the Gram Sabha will be considered to be final). Only after ensuring the eligibility of the proposed beneficiaries, the list will be approved by the village Level Committee. E

(ix) The finalized list should be placed before the Gram ,.. )' Sabha for approval. The Gram Sabha should again ensure that 30% of the beneficiaries belong to SC/ ST communities. F (x) The District Collector should also arrange to send the Veterinary Assistant Surgeon/Deputy Block Development Officer or another official of the rank 4 of Deputy Block Development Officer (in case the Deputy Block Development Officer is unable to G attend) to participate in the Gram Sabha meeting and facilitate the discussion and finalization of the beneficiaries list.

732 SUPREME COURT REPORTS (2013] 13 S.C.R.

A (xi) The list finalized by Gram Sabha will be displayed -{ in the Village Panchayat, Notice Board and other prominent places in the Village Panchayat.

B. Scheme for free distribution of goats/sheep to the poorest of the poor B The Government of Tamil Nadu have proposed to launch a "Scheme for free distribution of Goats/ Sheep" for the poorest of poor in the rural areas in ~ •' ~- order to enhance their standard of living. c ..J

2. Implementation of the Scheme

(i) The- Goats/Sheep can be procured within the State and also from outside the State. However, the procurement of Goats/Sheep in larger numbers D from the other States is not preferable since this category of animals (also called 'small ruminants' in veterinary terminology) are fragile or prone to diseases when transported enmasse from long distances and different climatic zones. Hence, E unlike the Scheme for procurement of free Milch Cows wherein cows only from other States are proposed to be procured, it has been decided to procure Goats/Sheep predominantly from the local market shandies available within the State in the ~ .. F proximity of the beneficiaries. If good 'quality animals are brought and supplied by the breeders in the village itself, the supply of Goats/Sheep through such breeders will be permitted.

(ii) It is presumed that about 6- 7 lakh Goats/Sheep can G be procured from the shandies within the State or from the neighbouring State shandies without causing shortage of availability of Goats/Sheep for meat purpose and without causing impact on the price of Goats/Sheep in the area. H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 733

TAMIL NADU [P. SATHASIVAM, J.] (iii) In view of the availability of about 6-7 lakh Goats/ A Sheep in a year, the number of families to be assisted in each year wilt be 1.5 lakh and in the current year, approximately one lakh families can be assisted since the first quarter of the year is already over. The Gram Sabha will be utilized to 8 identify the poorest of the poor beneficiaries within each village.

• J.. 3. Eligibility Norms

.. The beneficiaries will be the poorest of the poor c families living in Village Panchayats (rural areas) who are identified by the village Level Committee as per the norms and whose name is approved by the Gram Sabha as the poorest of the poor in the village. D -~ The free Goats/Sheep will be distributed. at the rate of 4 Goats/Sheep per household. In order to empower the women, it has been decided that the actual beneficiary will be the Woman of the E household. In case there are any transgender residing in the Village Panchayat, who are otherwise eligible as per the criteria given below, ~ ~ they will also be considered to be eligible for the Scheme. F The beneficiaries under this Scheme should satisfy the following eligibility criteria

Must be the landless Agricultural labourers. -4 G Should be a permanent resident of the Village Panchayat.

The beneficiary household should have at least one member between the age of 18 and 60 to effectively H

734 SUPREME COURT REPORTS [2013] 13 S.C.R.

A rear the Goats/Sheep.

Should ·not own any Cow/Goat/Sheep at present.

Should not be an employee of Central/State Government or any Organisation/Cooperative or B member of any local body (nor should their spouse or father/mother/parents-in-law/son/daughter/son-in- law/daughter-in-law be so).

Should not have benefited from the free Milch Cows c Distribution Scheme of the Government.

(2) Atleast 30% beneficiaries from the Village Panchayat should necessarily belong to SC/ST (SC 29% and ST 1%) community.

D (i) The target number of beneficiaries for each District will be decided by the Commissioner of Animal Husbandry and Veterinary Services (CAH&VS) based on the strength of the rural population of the District. The Village Panchayat as well as the Block E target within the District will also be based on the proportionate rural population.

(ii) Within each District, the Village Panchayats will be selected in such a manner that approximately one- fifth of the beneficiaries will be covered in ea.ch F Block in a year and the beneficiaries of a particular Village Panchyat will be fully covered within the year itself. The Commissioner of Animal Husbandry and Veterinary Services will ,work out the detailed Action Plan in this regard and convey to the District G Collectors for implementation. In case of difficulties in implementation of the Scheme in some of the Village Panchayats having urbanized characters, the District Collector will, in consultation with the Commissioner of Animal Husbandry and H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 735

.. TAMIL NADU [P. SATHASIVAM, J.] Veterinarv Services, re-allocate the surplus target A to other deserving Village Panchayats.

(iii) In the District, the District Collector will be the overall in-charge of the process of identification of beneficiaries. The Regional Joint Director (Animal B Husbandry) (RJAD), Project Officer (Mahalir Thittam) and Assistant Director (Panchayats) will assist him in this regard. The District Collector will ~· j_ form a Village Level Committee consisting of (i) Village Panchayat President, (ii) Vice-President, (iii) the senior most Ward member (by age) c representing SC/ST Commu~ity, (iv) the Panchayat Level Federation (PLF) coordinator (v) an active SHG representative (vi) the Veterinary Assistant Surgeon (VAS) of the area and (vi) the Deputy Block Development Officer (ADW) to identify and D ~ shortlist the list of beneficiaries as per the norms specified. The District Collector should also ensure that necessary support is rendered to the Committee by the Village Panchayat Assistant concerned. The purpose of adding the VAS and E Deputy BDO(ADW) is to ensure that the shortlisted beneficiaries are conforming to the prescribed

• ,, norms.

(iv) After constituting the Village Level Committee for F the selected Village Panchayats concerned, the District Collector should arrange to convene a meeting of all the members concerned and in that meeting, the details of the Scheme and the --I eligibility conditions are to be explained in detail. G The District Collector should himself convene this meeting in one or more sessions in order to convey the details and the seriousness of the selection process.

iiiiil,

736 SUPREME COURT REPORTS [2013) 13 S.C.R.

A (v) The District Collector should, thereafter, fix a Special Meeting of the Gram Sabha in the Village Panchayat concerned to inform the details of the Scheme to the villagers. The Veterinary Assistant Surgeon and Deputy Block Development Officer B (ADW) will explain the salient features of the Scheme and the eligibility details. of the beneficiaries in the meeting. Applications for the free Goats/Sheep will be sought for in this Special Gram Sabha Meeting from the interested c beneficiaries. ' .. (vi) A period of one week will also be given for further receipt of applications. The applications can be given to any of the Village Level Committee members or directly to the Village Panchyat. • D Thereafter, the Veterinary Assistant Surgeon and Deputy Block Development Officer (ADW) will arrange a meeting of the Village Level Committee in the office of the Village Panchayat to scrutinize and list out the names of all the eligible E beneficiaries for the Scheme.

(vii) The list prepared should also be got verified by the Veterinary Assistant Surgeon and Deputy Block Development Officer (ADW) with the village F Administrative Officer concerned, to confirm the 'landless' status of the proposed beneficiaries and the community details. (No certificate is however to be insisted upon and the scrutiny of the Village Level Committee and subsequently the Gram Sabha will be considered to be final). Only after G ensuring the eligibility of the proposed beneficiaries, the list will be approved by the Village Level Committee.

(viii) The finalized list should be placed before the Gram H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 737

TAMIL NADU [P. SATHASIVAM, J.] Sabha for approval. The Gram Sabha should again A ensure that 30% of the beneficiaries belong to SC/ ST (SC 29% and ST 1%) communities.

(ix) The District Collector should also arrange to send the Vete"rinary Assistant Surgeon/Deputy Block B Development Officer (ADW) or another official of the rank of Deputy Block Development Officer (in " ,. case the Deputy Block Development Officer (ADW) is unable to attend) to participate in the Gram Sabha meeting and facilitate the discussion and c finalization of the beneficiaries list.

Ill. Solar Powered Green House Scheme

• 1. The Government proposed to construct "Solar D "~ Powered Green House Scheme" for the benefit of the poor in the rural areas and measuring about 300 square feet with unit cost of Rs.1.80 lakhs by meeting the entire cost by Government. The scheme aims a~ providing Solar Powered Green E House for the poor living below poverty line in rural areas. Accordingly, it is proposed to construct 60,000 Solar Powered Green House of 300 sq. ft. .~ r each year for the next five years from 2011-2012 .- totalling 3 lakh house. F

2. Eligibility Criteria :

1. The beneficiary under Solar Powered Green House -I Scheme should reside within the Village Panchayat G and find a place in the below poverty line list.

2. He/she should own a site of 300 sq. ft. with clear title and patta.

3. Should not own any pacca concrete house and not H

738 SUPREME COURT REPORTS [2013] 13 S.C.R.

• -.( . A benefited by any other housing scheme.

4. Rs.1.50 lakhs will be earmarked for construction of house and Rs.30,000/, for installing solar Powered Home Lighting System. B

5. The scheme will be implemented by the District Collector so as to ensure that the construction of houses are completed in time. ~~

c IV. Laptop Computers to students . ,

The State of Tamil Nadu have emerged as a favoured destination both for the domestic and multinational IT companies. This has opened new vistas of job

D opportunities for youth in Tamil Nadu. Further the students .. from lower rungs of the socio-economic pyramid also need + to be equipped to participate in the emerging market. To provide level playing field by bridging the digital divide, develop skills and improve human resources in consonance with the millennium development goals, the E Government of Tamil Nadu have decided to provide Laptop computers at free of cost to all students studying in Government and Government aided Higher Secondary ~ Schools, Arts & Science colleges, Engineering Colleges ~

F and polytechnic colleges. -. Accordingly the Government have issued order in G.O.(Ms) No.1, Special Programme Implementation Department dated 03.06.2011 for distribution of Laptop Computer at ~

}>- free of cost. G Under this scheme, the students studying in Government and Governmen't aided schools, Arts and Science Colleges, Engineering Colleges and Polytechnics-will be eligible. These students will be covered as follows: H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 739

TAMIL NADU [P. SATHASIVAM, J.]

Year Schools Arts/Science Engineering Polytechnics A Science Colleges

2011-12 Plus Two 1st & 3rd 2nd & 4th 1st & 3rd (12th std.) years year year students students students B 2012-13 Plus Two 3rd year 2nd & 4th 1st & 3rd (12th std.) students Year year students students

2013-14 Plus Two - -- 1st year c (12th std.) student

During the year 2011-12, laptop computers will be distributed to 9.12 lakh students studying in 12th standard, 1st and 3rd year of Arts and Science Colleges, 2nd and D 4th year of Engineering Colleges and 1st and 3rd year of Polytechnic colleges. The concerned Heads of Institutions will ensure that the dropouts/discontinued/transferred students are not included in the list of eligible students.

V. Free Rice Scheme E

Note on the Scheme of Distribution of free rice under Universal Public Distribution System in Tamil Nadu . r In Tamil Nadu Universal Public Distribution System is being followed and there is no differentiation as APL/BPL F categories based on income criteria for supply of essential commodities to family cardholders under Public Distribution System. Hence, there is no differentiation like BPL/APL family cards in this State. Instead family cards have been issued on the basis of option exercised by the G card holders under self-selection process to receive eit'1er rice with all commodities or to receive additional sugar in lieu of rice with other commodities after verifying the genuiness of the residence in this State. H.

740 SUPREME COURT REPORTS [2013) 13 S.C.R.

A Features of Universal Public Distribution System in Tamil Nadu

(1) Universal Public Distribution System is the heart and soul of State Food Policy. It is built on the principles of non-exclusion, easy access to Public B Distribution System shops and adequate availability of food gain at an affordable price.

(2) Though Government of India advocates Targeted Public Distribution system(TPDS), Government of c Tamil Nadu is not in favour of rigid targeting, as it may lead to exclusion of large number of genuine Below Poverty Line (BPL) families and vulnerable Above Poverty Line (APL) families due to enumeration errors and improper bench marking. D ·. (3) Poverty is a dynamic and relative concept and hence, it is difficult to design acceptable criteria and methodology to measure poverty. Thus any method used for identifying BPL families is bound to result in some amount of exclusion of deserving E families. Further, due to unforeseen natural calamities like droughts, floods and disaster etc., a large number of vulnerable APL families may be forced into poverty trap again.

F · (4) Rigid government system will not be able to •, respond quickly to such situation. Thus targeted public distribution system approach will always have some families outside the Public Distribution system at any point of time in defeating the G objective of total food security and elimination of hunger.

(5) On the other hand Universal Public Distribution System is based on principle of self selection. Only those who need subsidized food articles will go to H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 741

TAMIL NADU [P. SATHASIVAM, J.] the Public Distribution System shops and not the A entire population.

(6) Based on these principles and out of years of experiences, Government of Tamil Nadu is convinced that Universal Public Distribution System 8 assures better food security to the people and therefore has decided to continue with it.

, }- Process for issue of family cards

. On application for issue of family cards in the form prescribed (available in the website of the Department of c Civil Supplies and Consumer Protection and can be downloaded and used - No cost for application), the Civil Supplies authorities verify the genuiness of the application and recommend for issue for family card or for rejection D + of cards as the case may be.

No income details are collected from the individual and this information is not entered in the family card also. As income, except in the case of persons employed in the organized sector, is a dynamic variable susceptible to E undergo charges in sync with any unexpected events in the employment market, these details are not being collected ' . ~ for the purpose of the existing Universal Public Distribution System. F On the other hand, option is given to the applicant to choose whether he would like to draw rice or not. If he selects not to draw rice, he is given the benefit of drawing

. ~ 3kgs. extra sugar in lieu of rice in addition to the normal entitlement of Yi kg. per person per month subject to the G maximum of 2kg per month per card.

VI. Free Distribution of Electric Fans, Mixies & Grinders to Women

This scheme is introduced as a welfare measure for H

742 SUPREME COURT REPORTS [2013] 13 S.C.R.

A women and intends universal coverage of women beneficiaries belonging to families holding family cards which are eligible for drawing rice. To make women more effective participants in the economy, it is imperative to relieve them from the domestic drudgery. Therefore, the B Government have decided to distribute a package of electric Fan, Mixie and Grinder to all the women from the families holding family cards which are eligible to draw rice. This scheme is expected to improve the standard of living of the poor women apart from providing equal c opportunities.

In pursuance to above, the Government have issued Orders in G.O. Ms. 2 Special Programme Implementation Department, Dated 03.06.2011 for free distribution of 25 lakh packages of electric fans, mixies and grinder during D 2011-12. In total about 1.83 crore women beneficiaries will be covered in a phased manner.

2. Eligibility Criteria

All households having a family card which is eligible for E . drawing rice are eligible for electric fans, mixies and grinders, at free of cost, under this Scheme. The benefits will be distributed only to a woman member of these households.

F In case, a household having family card which is eligible for drawing rice, does not have any woman member it will be given to the head of the family.

The family cards as on 30.06.2011 will be considered for distribution of the items during the current year (2011-12).

The benefits will be distributed to an eligible family only once.

While distributing the benefits, priority should be given to rural areas within the Assembly Constituency followed by

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 743

TAMIL NADU [P. SATHASIVAM, J.] Town Panchayats, then Municipalities and Municipal -· A Corporations, if any."

61Copy pinpoint61. The concepts of livelihood and standard of living are bound to change in their content from time to time. It is factual that what was once considered to be a luxury has become a B necessity in the present day. It is well settled that the concept of livelihood is no longer confined to bare physical survival in terms of food, clothing and shelter but also now necessarily • >· includes basic medicines, preliminary education, transport, etc . Hence, the State distrusting largesse in the form of distribution c -· of colour TVs, laptops, etc. to eligible and deserving persons is directly related to the directive principles of the State policy.

62Copy pinpoint62. As a result, we are not inclined to agree with the argument of the appellant that giving of colour TVs, laptops, mixer-grinders etc. by the Government after adhering to due D + process is not an expense for public purpose. Judicial interference is permissible when the action of the government is unconstitutional and not when such action is not wise or that the extent of expenditure is not for the good of the State. We are of the view that all such questions must be debated and E decided in the legislature and not in court.

63Copy pinpoint63. More so, the functioning of the Government is controlled ,. by the Constitution, the laws of the land, the legislature and the

-' Comptroller and Auditor General of India. As per Article 73 of the Constitution, the executive power of t~e Union of India is co-extensive with its legislative power. Similarly, the executive F

power of the State is co-extensive with its legislative power (Article 162). In Bhim Singh (supra), this Court has held that the Government can frame a scheme in exercise of its executive '~ powers but if such a scheme entails any expenditure, then it is G required to be backed by law. Article 266 of the Constitution lays down that all monies received by the Central Government or by the State Government by way of taxes or otherwise must be credited to the Consolidated Fund of India. Article 267 also H

744 SUPREME COURT REPORTS [2013) 13 S.C.R.

A constitutes Contingency Fund of India. If any money (except which is charged on the Consolidated Fund) is to be withdrawn for any governmental purpose, then there has to be an Appropriation Act under Article 266(3) read with Article 114 of the Constitution. Every department of the Government presents B its demand to the legislature concerned and the legislature . -

votes on the same, and thereafter, the Appropriation Act is passed which authorizes the Government to withdraw the money from the Consolidated Fund. There are similar provisions relating to the State. The Contingency Fund can be -<I. '

c established only by enacting a law in that behalf and not by an executive fiat. The law creating the Contingency Fund authorizes the purposes for which the amount in it can be spent. This is ·- how the money is being spent by the Government on its schemes under the control of the Legislature.

64Copy pinpoint64. In Bhim Singh (supra), Article 282 of the Constitution in the context of Government expenditure on various projects + was considered. In that case, the Government in question had framed the scheme empowering the Members of Parliament to recommend works and projects in their respective E constituencies. The said Scheme was challenged on the ground that the same has been formulated without enacting any law in that behalf. This challenge was negatived by this Court principally on the ground that any expenditure which the Government incurs on the said Scheme is authorized by the , , ...... F Appropriation Act and the Appropriation Act is a law as contemplated by Article 282. This Court also negatived the challenge on the ground that the same is not for public purpose.

65Copy pinpoint65. In addition to the legislative control by way of Appropriation Acts, the rules framed by the Parliament under ~ ·- G Article 118 and by the State Legislatures under Article 208 of the Constitution of India, also create a mechanism to keep a check on the expenditure incurred by the Government.

66Copy pinpoint66. As far as State of Tamil Nadu is concerned, the H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 745

TAMIL NADU [P. SATHASIVAM, J.] "Ir Legislature has framed rules under Article 208 of the A Constitution and these rules are known as The Tamil Nadu Legislative Assembly Rules. Under Chapter XX of the said Rules, a Public Accounts Committee is set up and usually such Public Accounts Committee is headed by a Member of the Opposite Party. The Public Accounts Committee scrutinizes the B Government accounts and submits its report to the Legislature for its consideration. So, apart from the Appropriation Act, • >- there is also effective control over the Government accounts and expenses through the Public Accounts Committee. ~

67Copy pinpoint67. In addition to the Legislative control, the founding c ' fathers of the Constitution have also thought it fit to keep a check on Government accounts and expenses through an agency outside the Legislature also. Article 148 has created a constitutional functionary in the form of the Comptroller and _} D Auditor General of India (CAG). CAG examines the propriety, legality and validity of all expenses incurred by the Government. The office of CAG exercises effective control over the Government accounts.

68Copy pinpoint68. If we analyze the abovementioned articles and the rules E of procedure, it is established that there are various checks and balances within the mandate of the Constitution before a ..-· ,. scheme can be implemented. As long as the schemes come within the realm of public purpose and monies for the schemes is withdrawn with appropriate Appropriation bill, the court has F -. limited power to interfere in such schemes.

69Copy pinpoint69. Further, the appellant contended by referring to various foreign cases to highlight the principle that public money cannot '. -4, be used to create private assets. In our opinion, there is no merit in this contention also. The purpose of the schemes is to G enforce the directive principles of state policy. In what way the state chooses to implement the directive principles of state policy is a policy decision of the State and this Court cannot interfere with such decisions. Ordinarily, this Court efannot interfere with policy decisions of the government unless they are H

746 SUPREME COURT REPORTS [2013] 13 S.C.R.

-I A clearly in violation of some statutory or Constitutional provision or is shockingly arbitrary in nature. In Ekta Shakti Foundation vs. Government of NCT of Delhi (2006) 10 SCC 337, it was held:-

10 "While exercising the power of judicial review of B administrative action, the Court is not the appellate authority and the Constitution does not permit the Court to direct or advise the executive in matter of policy or to sermonize any matter which under the Constitution lies -"' ' c within the sphere of the Legislature or the executive, .._ provided these authorities do not transgress their constitutional limits or statutory power. The scope of judicial enquiry is confined to the question whether the decision taken by the Government is against any statutory provisions or is violative of the fundamental rights of the citizens or is opposed to the provisions of the Constitution. Thus, the + position is that even if the decision taken by the Government does not appear to be agreeable to the Court it cannot interfere. The correctness of the reasons which prompted the Government in decision making, taking one course of action instead of another is not a matter of concern in judicial review and the Court is· not the appropriate forum for such invest!gation. ~ ~·

In the light of settled principle and observing that in the given case no such circumstances prevail as envisaged for judicial enquiry; we are not persuaded to interfere with the policy decision.

70Copy pinpoint70. With regard to the contention that distribution of State largesse in the form of colour TVs, laptops, mixer-grinders, etc., ;.-- . G violates Article 14 of Constitution as the unequals are treated equally. Before we venture to answer this question, we must recall that these measures relate to implementation of Directive Principles of State Policy. Therefore, the principle of not to treat unequals as equal has no applicability as far as State largesse H

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 747

TAMIL NADU [P. SATHASIVAM, J.] '\ is concerned. This principle applies only where the law or the A State action imposes some ·burden on the citizen either financial or otherwise;· Besides, while implementing the directive principles, it is for the Government concerned to take into account its financial resources and the need of the people. There cannot be a straight jacket formula. If certain benefits are restricted to a particular class that can obviously be on account of the limited resources of the State. All welfare measures cannot at one go be made available to all the citizens. The State .. >-- can gradually extend the benefit and this principle has been recognized by this Court in several judgments. c Issue No.·3

Whether this Court has inherent power to issue guidelines by application of Vishaka principle? D -t 71. It is the stand of the appellant that there is legislative vacuum in the given case. Hence, the judiciary is warranted to legislate in this regard to fill the gap by application of Vishaka principle. However, learned counsel for the respondent made a distinction between the Vishaka (supra) and the given case. E While highlighting that in Vishaka (supra), there was no legislation to punish the act of sexual harassment at work place,

'· ,, therefore, the judiciary noting the legislative vacuum framed temporary guidelines until the legislatures passed a bill in that regard. However, in the case at hand, there is a special legislation, namely, the Representation of People Act wherein F Section 123 enumerates exhaustively a series of acts as "corrupt practice". Therefore, this is not a case of legislative vacuum where the judiciary can apply its inherent power to ' --I frame guidelines. G Issue No. 4:

Whether Comptroller and Auditor General of India has a duty to examine expenditures even before they are H ..

748 SUPREME COURT REPORTS [2013] 13 S.C.R.

A deployed?

72Copy pinpoint72. As reiterated earlier, the Comptroller and Auditor General of India is a constitutional functionary appointed under Article 148 of the Constitution. His main role is to audit the income and expenditure of the Governments, Government. 8 bodies and state-run corporations. The extent of his duties is listed out in the Comptroller and Auditor General's (Duties, Powers etc.) Act, 1971. The functioning of the Government is controlled by the Constitution, the laws of the land, the legislature and the Comptroller and Auditor General of India. CAG examines the propriety, legality and validity of all expenses incurred by the Government. The office of CAG exercises effective control over the government accounts and expenditure incurred on these schemes only after implementation of the same. As a result, the duty of the CAG D will arise only after the expenditure has incurred. -+- Issue No. 5

Whether the writ jurisdiction will lie against a ~political party?

73Copy pinpoint73. Learned senior counsel for the respondent (State of Tamil Nadu) raised the issue of jurisdiction stating that political parties are not State within the meaning of Article 12 of the Constitution of India and therefore, no writ of any nature can be issued against them either under Article 226 or Article 32 of the Constitution of India or any other provision of the Constitution or any other law. The correct forum is the Election Tribunal and not writjurisdiction.

74Copy pinpoint74. Admittedly, the respondents never raised any objection relating to the jurisdiction in the High Court or even in the pleadings before this Court. It is only in the oral submissions that this issue has been raised.

75Copy pinpoint75. In the matters relating to pecuniary jurisdiction and H territorial jurisdiction, the objection as to jurisdiction has to be

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 749

TAMIL NADU [P. SATHASIVAM, J.] ,. taken at the earliest possible opportunity. But, this case relates A "' to the jurisdiction over the subject matter. This is totally distinct and stands on a different footing. As such, the question of subject matter jurisdiction can be raised even in the appeal stage. However, as this petition is fit for dismissal de hors the jurisdiction issue, the jurisdiction issue is left open. B

76Copy pinpoint76. Summary:

~ .:.,.., (i) After examining and considering the parameters laid in Section 123 of RP Act, we arrived at a conclusion that the promises in the election manifesto cannot be read into Section c 123 for declaring it to be a corrupt practice. Thus, promises in the election manifesto do not constitute as a corrupt practice under the prevailing law. A reference to a decision of this Court will be timely. In Prof. Ramchandra G. Kapse vs. Haribansh Ramakbal Singh (1996) 1 SCC 206 this Court held that " .. Ex D -t- facie contents of· a manifesto, by itself, cannot be a corrupt practice committed by a candidate of that party."

(ii) Further, it has been decided that the schemes challenged in this writ petition falls within the realm of fulfilling the Directive Principles of State Policy thereby falling within the scope of public purpose.

~ (iii) The mandate of the Constitution provides various checks and balances before a Scheme can be implemented. Therefore, as long as the schemes come within the realm of public purpose and monies withdrawn for the implementation .... of schemes by passing suitable Appropriation Bill, the court has limited jurisdiction to interfere in such schemes.

~ (iv) We have also emphasized on the fact that judicial interference is permissible only when the action of the government is unconstitutional or contrary to a statutory provision and not when such action is not wise or that the extent of expenditure is not for the good of the State. H

750 SUPREME COURT REPORTS [2013] 13 S.C.R.

-; A (v) It is also asserted that the schemes challenged under this petition are in consonance with Article 14 of the Constitution.

(vi) As there is no legislative vacuum in the case on hand, B the scope for application of Vishaka principle does not arise. (vii) The duty of the CAG will arise only after the expenditure has incurred.

(viii) Since this petition is fit for dismissal dehors the """ ~ c jurisdiction issue, the issue of jurisdiction is left open.

Directions:

77Copy pinpoint77. Although, the law is obvious that the promises in the election manifesto cannot be construed as 'corrupt practice' D under Section 123 of RP Act, the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences + all people. It shakes the root of free and fair elections to a large degree. The Election Commission through its counsel also conveyed the same feeling both in the affidavit and in the E argument that the promise of such freebies at government cost disturbs the level playing field and vitiates the electoral process and thereby expressed willingness to implement any directions or decision of this Court in this regard. -+

78Copy pinpoint78. As observed in the earlier part of the judgment, this F Court has limited power to issue directions to the legislature to legislate on a particular issue. However, the Election ,.. Commission, in order to ensure level playing field between the contesting parties and candidates in elections and also in order to see that the purity of the election process does not get G vitiated, as in.past been issuing instructions under the Model Code of Conduct. The fountainhead of the powers under which the commission issues these orders is Article 324 of the Constitution, which mandates the commission to hold free and fair elections. It is equally imperative to acknowledge that the H Election Commission cannot issue such orders if the subject

S. SUBRAMANIAM BALAJI v GOVERNMENT OF 751

TAMIL NADU [P. SATHASIVAM, J.] 'f matter of the order of commission is covered by a legislative measure.

79Copy pinpoint79. Therefore, considering that there is no enactment that directly governs the contents of the election manifesto, we hereby direct the Election Commission to frame guidelines for the same in consultation with all the recognized political parties as when it had acted while framing guidelines for general conduct of the candidates, meetings, processions, polling day, .. ~ party in power etc. In the similar way, a separate head for guidelines for election manifesto released by a political party can also be included in the Model Code of Conduct for the c Guidance of Political Parties & Candidates. We are mindful of the fact that generally political parties release their election manifesto before the announcement of election date, in that scenario, strictly speaking, the Election Commission will not ._}- have the authority to regulate any act which is done before the announcement of the date. Nevertheless, an exception can be made in this regard as the purpose of election manifesto is directly associated with the election process,

80Copy pinpoint80. We hereby direct the Election Commission to take up this task as early as possible owing to it~ utmost importance.

- We also record the need for a separate legislation to be passed t by the legislature in this regard for governing the political parties / in eiur democratic society.

81Copy pinpoint81. In the light of the above discussion, taking note of statutory provisions of the RP Act, which controls only candidate or his agent, mandates provided under the directive principles, various guidelines such as income limit. preference to women, agricultural labourer etc as detailed in the counter affidavit by the State, we find no merit in the appeal as well as in the transferred case. With the above observation as mentioned in paragraph Nos. 77-80, the appeal and the transferred case are dismissed. No order as to costs.

Bibhuti Bhushan Bose Appeal & Transferred Cases dismissed. H