Agreeing that the Rs 2,400-crore free colour TV scheme announced by the DMK Government in Tamil Nadu, involves serious constitutional questions, the Supreme Court on Wednesday said it would examine whether the Constitution mandated expenditure of public money for private purposes.
A Bench comprising Chief Justice K G Balakrishnan, Justice R V Raveendran and Justice J M Panchal said, “We will examine the constitutional question involved in the matter.” It sought response from the Union and Karunanidhi governments.
The scheme, a part of the DMK election manifesto for the 2006 Assembly election, has been challenged by Madurai-based advocate S Subramaniam Balaji, contending that the entire exercise was “illegal gratification, aimed at unduly influencing the voters at the polls”.The advocate approached the apex court after the Madurai Bench of the Madras High Court declined to entertain his PIL.
Appearing for Balaji, senior advocate Arvind Datar said the scheme violated the mandate of Article 282 of the Constitution and was a case of misplaced philanthropy. “The grant by the state should be for the public purpose and not for private purpose.”
At first, the Bench did not find anything amiss in the scheme as it opined that TV was a medium that would help in educating people in villages. “Is it your case that television is a luxury item? It will only educate people,” the Bench said. “How many people in the villages will have TV. Now they will be happy as they can at least watch TV for the purpose of educating themselves,” it added.
But Datar who argued that “a line has to be drawn somewhere otherwise political parties one after another will come out with such promises,” finally managed to convince the Bench which agreed to issue notices to the respondents.