Taking serious view of non- allocation of funds to the judiciary, the Madras High Court today sought an affidavit from the state Finance Secretary as to whether the Tamil Nadu government "is proposing to declare a financial emergency".
The court also lambasted the government for not utilising the funds allocated under centrally-sponsored scheme.
"As far as the centrally-sponsored scheme is concerned, the inaction and inability of the state government to properly complete the paper work has resulted in almost Rs 150 crore of central funds having lapsed. The blame rests at the door of the state government," the court said.
"The result is that for the year 2016-17 only a sum of Rs 50 crore has been allocated by the central government and the state government is seeking additional funds for centrally sponsored scheme," it said.
The matter relates to a PIL filed by Elephant G Rajendran and a suo motu writ petition by the high court in connection with allocation of funds to the judiciary for infrastructural needs, among others.
After going through the affidavits filed by the Chief Secretary and the State Home Secretary, the court said, "We have concern whether the state government is now faced with a financial emergency and proposes to declare it as such, in which case, funding for all aspects of governance would be affected."
"In such a situation, Article 360 of the Constitution of India would come into play on the satisfaction of the President. The executive authority of the Union would extend to the giving of directions to any state to observe such canons of financial propriety as may be specified in the directions. We call for an affidavit from the State Finance Secretary as to whether the state government is proposing to declare a financial emergency," the court said.
The court expressed concern at the manner "in which funds are not being made available for infrastructure and running of the judiciary, which is one of the three pillars of the system.
"The aggravated position is apparent from the fact that
even functioning funds for state judicial academy are not available and thus, two training programmes have already been postponed. The proposal for making available of additional sum of Rs 35 lakh is still duly considered by government and approval of competent authority is being obtained. We do not see the sight of the money," the court said.
The court, which referred to the proposals sent by the high court to the state government, said "It is further stated that out of the pending 100 proposals to the tune of Rs 150 crore, it was suggested that 50 proposals could be taken up on first phase and remaining 50 in the second phase for allocation of funds in a prioritised manner.
"It, however, does not state as to which of the proposals at least the government has made available the funds even if it be half the proposals," the court said.
"... We may note that the primary responsibility for creating judicial infrastructure vests with the state government, though the central government lends a helping hand in the form of various schemes. The affidavit does not set forth any schedule of release of funds."
Turning to the allocation of land earmarked for Puducherry Block at Metropolitan Bus Terminus, the court said it would like to have a plan of the area as to how much is being used for the bus services and what activity is going on and the frequency of the users.
"In this behalf, the prayer made is that the secretary to the government, transport department and managing director, Metropolitan Transport Corporation, may be impleaded as respondents."
Impleading the Principal Secretary Transport Department and the Managing Director, Metropolitan Transport Corporation, as respondents, the court directed them to file an affidavit in the above regard within two weeks and posted the matter for further hearing to November 30.
