SC Refuses To Stop West Bengal Government’s Funding For Durga Puja Celebrations

Judiciary Oct 12, 2018 Editor : Shreya Bansal 0 Shares

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.

Also Read - SC strikes down provision in Tax Law, calls it arbitrary and violative of Article 14 of the Indian Constitution

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.

Also Read - CONSTITUTION DAY OF INDIA: 26TH NOVEMBER 2020

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”.

SC strikes down provision in Tax Law, calls it arbitrary and violative of Article 14 of the Indian Constitution

Judiciary Apr 13, 2021 Athira Nair ( Editor: Ekta Joshi ) 8 Shares

The Supreme court has partially eliminated a provision of the Income Tax law. The Apex court believes it to be ‘arbitrary’ and ‘discriminatory.’ The provision does not allow further extension of stay on assessment beyond 365 days even if the person being assessed is not responsible for any delay in hearing of appeals before a tribunal.While supporting the Delhi High Court’s judgement that ruled in favour of assesses, a Bench led by Justice RF Nariman said that “There can be no doubt...

Read full post

CONSTITUTION DAY OF INDIA: 26TH NOVEMBER 2020

Know The Law Nov 27, 2020 Lawstreet News Network ( Edition: Ekta Joshi ) 6 Shares

“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...

Read full post