Welfare schemes: Changes in criteria solely within domain of executive, legislature, says HC
The high court made this observation while disposing of a public interest litigation that sought directives that henceforth benefits of all beneficiary- oriented state assistance be given uniformly to poor citizens of all communities/castes, also on the basis of economic and/or other verifiable objective criteria.
The Lucknow bench of the Allahabad high court has observed that it is a matter of policy and within the exclusive domain of the executive or the legislature to make changes in order to extend welfare schemes meant only for Scheduled Castes, Scheduled Tribes, Other Backward Classes and minorities to below the poverty line (BPL) persons of all other communities/castes.
The high court made this observation while disposing of a public interest litigation that sought directives that henceforth benefits of all beneficiary- oriented state assistance be given uniformly to poor citizens of all communities/castes, also on the basis of economic and/or other verifiable objective criteria.
This order was passed by a division bench comprising justice Rajan Roy and justice Om Prakash Shukla on July 5 on a PIL filed by S N Shukla and another in 2018.
“It shall be open for the petitioners to give representations to the Central/State Government espousing their cause with relevant data and materials, which may assist the concerned Government in taking an objective view on the issues raised in the present petition or to canvass the same before the elected representatives of the Parliament or State Legislature, as the case may be,” the court ordered.
The plea was opposed by the counsel for the central and the state governments.
The court said, “Admittedly, the PIL filed by the petitioners appears to be for the sole objective of putting forth a narrative that the provisions of all State assistance should be based on economic criteria only instead of on the basis of caste/community. However, in the entire petition or in the submission before this Court, neither any endeavour was made nor any material was produced before this Court as to which scheme already existing for the SCs/STs/OBCs/Minorities, the petitioner wants this Court to extend to the below poverty lines and as to how the said scheme was beneficial to the below poverty lines and not to the SCs/STs/OBCs/Minorities or as to how the present writ could be maintainable, which primarily seeks an issuance of mandamus for devising of policy or rule making, which essentially is in the domain of the Executive/Legislature, as the case may be”.
“Howsoever avowed the objective behind filing of this petition, the issues raised fall in the domain of the executive/legislature as they involve policy matters having far reaching consequences. Therefore, the petitioners should pursue the same before the executive/legislature. We find ourselves handicapped, considering the limits of the judicial review by constitutional courts in such matters,” the court further observed. With this observation and order, the court disposed of the PIL.