The Supreme Court on October 12, 2018, has refused to stay the West Bengal Government’s decision to grant Rs.10,000 each to around 28,000 Durga puja celebration committees in the state.
A Bench of
Justices Madan Lokur and
Deepak Gupta, however, issued a notice to the West Bengal Government on a plea filed by two residents of the State challenging the Mamata Banerjee government's decision. The matter came up before the apex court after the Calcutta High Court had refused to interfere with the Mamta Banerjee governments’ decision to provide grant for Durga Puja celebrations.
The counsel for the petitioners submitted that there is no guideline for spending of Rs. 28 crores earmarked by the government for Puja celebrations. The Government’s decision was challenged in the Calcutta High Court contending that public funding of a religious festival was against the principles of secularism. “Use of tax-payers’ money for repair/restructuring/construction of any ‘religious place’ offends the spirit and object of
Article 27 of the Constitution of India. The Constitution of India prohibits the state from compelling any person to pay any tax, proceeds of which is to be spent for the promotion of any particular religion or religious denomination. Therefore, the decision of the state relating to grant for organizing Durga Puja is unconstitutional and is liable to be set aside,” argued the petitioners before the Calcutta High Court. The Calcutta High Court Division Bench comprising of
Acting Chief Justice Debasish Kar Gupta and
Justice Sampa Sarkar said that the Legislature is the appropriate forum to decide on expenditure by the state government. Stating that the court does not want to interfere in the government’s decision to disburse funds to Durga Puja committees at this stage, the Bench, however, said that the court can interfere at a later stage when the scope arises. The Calcutta High Court decision was challenged before the apex court on the ground that “the High Court failed to appreciate that there is no public purpose involved in organizing Durga Puja rather it is religious programme”.
CONSTITUTION DAY OF INDIA: 26TH NOVEMBER 2020
Know The Law
Nov 27, 2020
Lawstreet News Network
(
Edition: Ekta Joshi
)
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“Constitution isn’t a symbol that requires empty celebrations. It requires adherence to Constitutionalism.”On November 26th every year the citizen of India celebrates the Constitution Day (or Samvidhan Diwas). It is a matter of national pride for all Indians. Formerly known as Law Day, it has now come to be recognized as Constitution day of India. It is observed on 26th November every year to commemorate the adoption of the Constitution of India. On 26th November 1949, the...
ABAP Initiates Signature Campaign About the Need to Make Official Documents of Schedule VIII of the Indian Constitution Available in all Languages
Legal Insiders
Sep 27, 2020
Meghna Mishra
(
Editor: Ekta Joshi
)
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A Pan India Organisation of Lawyers, Akhil Bhartiya Adhivakta Parishad has initiated a signature campaign upon receiving feedback and recognizing the need of the people from various regions of the country. The signatories urge the government to make all the official documents available in all Languages of Schedule VIII of The Constitution of India. This comes as an urge because there is a significant portion of Indian citizens who are complacent with neither English nor Hindi. In this case, it...
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