MPLADS: SC refers PIL to five-judge constitution bench

New Delhi, July 12 (UNI) The Supreme Court today referred to a five-judge constitution bench the petition challenging the constitutional validity of the Member of Parliament Local Area Development (MPLAD) fund scheme.

A bench comprising Chief Justice Y K Sabharwal, Justice C K Thakker and Justice P K Balasubramanyan referred the PIL filed by Panthers Party Chief Bhim Singh to the constitution bench on the grounds that the petition raises substantial question of interpretation of Articles 275 and 282 of the Constitution of India particularly in regard to transfer of funds from the union government to the state governments.

Earlier, senior counsel for the petitioner K K Venugopal pleaded that the impugned scheme was a drain on the central government exchequer and has breeded corruption among MPs and MLAs. Venugopal also contended that the scheme was violative of Article 282 of the Constitution as the central funds can only be routed through state governments and can not be given directly to anybody else and the MPLAD started in 1993 by the then P V Narasimha Rao was not in public interest as claimed by the government.

He also contended that under the scheme Rs 2 crores is provided for an MP and Rs one crore is kept at the discretion of an MLA per year. There are 740 MPs (both Lok Sabha and Rajya Sabha) and about 4900 MLAs in the country and therefore the impugned scheme involved an annual provision of more than Rs 5000 crores.

Petitioner further contended that the funds are given to the district collectors and are released on the recommendation of an MP or an MLA and MPLAD. Funds have gone into the pocket of corrupt contractors or the favourites of the elected representatives of the people. Some of them have been caught red handed accepting bribe or cut for award of work in their constituencies.

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