New Delhi, May 07: The Supreme Court on Thursday upheld the constitutional validity of the Members of Parliament Local Area Development ( MPLAD) scheme under which every MP is allocated Rs 2 crore annually for development works in their constituency.
The scheme was challenged on the ground that the Constitution did not envisage such expenditure and there was rampant misuse of the funds.
Dismissing a batch of petitions, a five- judge constitution bench said a scheme or a law could be struck down only if unconstitutional and not on the basis of its viability.
“ When a regime of accountability is available within the scheme, it is not proper for the court to strike it down, unless it violates any constitutional principle,” the bench said.
The court also rejected the argument that the scheme provided an unfair advantage to sitting MPs against their rivals during elections. “ The scheme does not result in an unfair advantage to the sitting members of Parliament and does not amount to a corrupt practice,” it said.
The court said the argument that an MP would gain advantage during an election for having spent from the fund was not based on scientific analysis or empirical data.
“ MPLADS makes funds available to sitting MPs for developmental work. If the MP utilises the funds properly, it would result in his better performance.
If that leads to the people voting for the incumbent candidate, it certainly does not violate any principle of free and fair elections,” the court said.
The court further stressed that the scheme fell within the meaning of “ public purpose” aiming for the fulfillment of the development and welfare of the state as reflected in the directive principles of state policy.
—-Agencies