Centre within its rights to suspend MPLADS, says Bombay HC

MUMBAI: The Bombay High Court on Tuesday said the Union government was within its powers to suspend the MPLAD scheme and divert such funds to combat COVID-19.

A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni was presiding over a public interest litigation filed through lawyer Shekhar Jagtap opposing the suspension of the scheme, which provides parliamentarians funds for development work in their constituencies, in April this year for two years.

The bench also said it doubted Jagtap had the "locus standi" (a right to lay a claim) in the matter.


It said if any of the parliamentarians felt they were unable to carry out development work in their constituencies due to suspension of MPLAD scheme, they were free to come to this court.

"The MPs are responsible, mature persons. They will never come before us for such a thing. During a pandemic, the nation requires to put all efforts into strengthening its health and medical infrastructure," the bench said.

The HC also said Jagtap should have done some research and provided data to show if the suspension of the scheme was adversely impacting the public.

Jagtap had objected to the Union government resorting to Disaster Management Act to suspend the Member of Parliament Local Area Development (MPLAD) scheme in April this year.

The HC, however, said, "This (COVID-19) is a disaster so the government will have to resort to Disaster Management Act. It is within its powers to invoke the Act."

"Everyone, including all parliamentarians are doing so much to combat COVID. When the entire nation is struggling, how can you object to suspension of MPLAD funds and diversion of this money to combat COVID?" the HC said.

"This money is being used to fight the pandemic and not to build bridges or something that is not required right now," it said.

HC directed Jagtap to submit his written submissions in the matter by Wednesday.