The Rs 2,400-crore free colour TV scheme of the DMK government in Tamil Nadu has come under judicial scrutiny with the Supreme Court today deciding to examine whether the Constitution mandates expenditure of public money for private purposes.
"We will examine the Constitutional question involved in the matter," a Bench headed by Chief Justice K G Balakrishnan said while issuing notices to the Centre, Tamil Nadu Government and DMK.
The scheme, a part of the DMK election manifesto for the 2006 Assembly election, has been challenged by a Madurai-based advocate S Subramaniam Balaji, contending that the entire exercise was "illegal gratification, aimed at unduly influencing the voters at the polls."
The advocate has approached the apex court after the Madurai Bench of the Madras High Court declined to entertain his PIL.
Senior advocate Arvind Dattar, who argued the matter, said that the scheme violates the mandate of Article 282 of the Constitution and it was a case of misplaced philanthropy.
He said the grant by the state should be for the public purpose and not for private purpose.
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Dattar had to press hard for securing the order for issuance of notices as the Bench at first was reluctant to admit the Special Leave Petition (SLP) saying that the television would help in educating the people in villages.
"Is it your case that television is a luxury item. It will only educate people," the Bench, also comprising Justices P Sathasivam and J M Panchal, observed.