New Delhi: Observing that there is nothing in law to bar Centre from presenting the Union Budget on February 1, the Supreme Court on Monday dismissed a PIL challenging the Centre’s decision to advance the Budget from February 28 on the grounds of upcoming Assembly elections in five states.
A three-judge bench of Chief Justice J.S. Khehar and Justices N.V. Ramana and D.Y. Chandrachud rejected arguments of petitioner M.L. Sharma who claimed that the presentation of the Budget on February 1 will influence voters in the five states going to polls.
“Your argument that the Budget should be presented only in April after the commencement of the financial year is absurd. The government needs finance to run the government from April 1,” the bench observed.
The CJI told the counsel “there is no valid argument to corroborate how advancing the Budget will influence voters. We gave you enough time but you are not able to show us any provision of law which bars advancing the date of budget. Going by your argument next you will say that party in power at the Centre should not contest polls.”
Referring to constitutional provisions, the court said there are clear divisions of subjects, Union, State and concurrent, in the Constitution and the presentation of Union Budget cannot be dependent on state polls “which keep happening.”
The bench did not agree with the submission that in the past, Centre had postponed presentation of budget due to assembly polls.
The petitioner said the Election Commission on January 4 had announced elections in five states between February 4 and March 8 for Goa, Punjab, Uttarakhand, Manipur and UP. Counting would take place on March 11.
He said with the formal announcement of the dates, the model code of conduct comes into force and no policy announcements should be made. But the Modi government has proposed to go ahead with the Budget on February 1. He cited the 2012 instance when Budget was presented after the polls in the same five states.
The Election Commission had on January 4 come out with the schedule of assembly elections in five states, including Uttar Pradesh. The Centre has already decided to convene the Budget Session of Parliament from January 31 to present the Budget for 2017-18 fiscal the very next day.
Mr Sharma, in his petition urged the apex court to restrain the NDA government from presenting the budget and cited para 16A of Election Symbols (Reservation and Allotment) Order 1968, which empowers the commission to suspend or withdraw recognition of a recognized political party for its failure to observe the model code of conduct.
