Lok Prahari Thr. Its General Secretary, S.N. Shukla vs State of U.P.
Lok Prahari Thr. Its General Secretary, S.N. Shukla vs State of U.P. - Supreme Court Important Judgment 2016 -
On 21st November, 2016, in the case of Lok Prahari Thr. Its General Secretary, S.N. Shukla vs State of U.P. and Ors. [Civil Appeal No.11004 of 2016], the legality of the Vidhayak Nidhi Scheme in the State of Uttar Pradesh, which provided for annual budgetary grants to Members of the Legislative Assembly and Legislative Council for facilitating development work in their constituencies, was examined by a three Judge Bench.
While observing that the elected representatives have “a legitimate role to discharge in meeting the development needs of their constituencies” and Article 243ZD of the Constitution “does not exclude their role,” the Bench held that the Vidhayak Nidhi Scheme does not per se violate Article 243ZD of the Constitution or the U. P. District Planning Committee Act, 1999. However, the Bench observed that it was necessary that the guidelines formulated by the State Government which govern the Vidhayak Nidhi Scheme are revisited so as to ensure that the guidelines are in conformity with the spirit and underlying purpose of Parts IX and IXA of the Constitution in terms as held by the Constitution Bench of this Court in Bhim Singh vs Union of India (2010) 5 SCC 538.