Bombay HC dismisses plea challenging Shinde government’s cash transfer schemes
Mumbai: In a major relief to the Eknath Shinde government ahead of the state Assembly election, the Bombay High Court on Monday dismissed the PIL challenging the Maharashtra government’s cash transfer scheme for women and paid apprenticeship for youth. While Rejecting the PIL, the bench led by Chief Justice Devendra Kumar Upadhyaya held that the petitioner’s arguments can make a “good speech for the roads but not for the courts”.
The bench observed that the taxpayers do not have a say in how tax revenues are utilized, as it falls within the government's policy domain. “Tax is a compulsory exaction of money. It does not entail any service. The quid pro quo is available only in fees. Just because you are paying tax does not mean that you can say how it needs to be used,” it said.
The ‘CM Mazi Ladki Bahin’ (CM my beloved sister) scheme intends to give financial assistance of Rs. 1,500 per month to women from economically weaker backgrounds. Whereas, the ‘Mukhya Manti Yuva Karyaprashikshan Yojana’ will provide stipends ranging from Ra. 6000 to Rs. 10000 per month to youth between 18 to 35 years enrolled in the State's technical training programmes.
The petitioner alleged political motives behind these schemes in view of the upcoming legislative assembly elections in October 2024. However, the Court asserted that the petitioner cannot argue beyond the contours of law. It remarked that “every decision of the government is political.”
The petitioner argued that the schemes were discriminatory, claiming that they discriminated against individuals based on different tax brackets.
However, the court held that Article 15 of the Constitution enables the State to make special provisions for disadvantaged sections of society. It noted that these schemes are a social welfare measure and are permitted by the Constitution. “We are not moved by what you are saying. This is a speech for roads and not courts,” the court said while dismissing the petition.
