Is Tamil Nadu in a flux of financial emergency?

A full bench comprising Chief Justice Sanjay Kishan Kaul, T S Sivagnanam and Justice R Mahadevan, said, “We are concerned as to whether the state government is now faced with a financial emergency and proposes to declare it as such, in that case, funding for all aspects of governance would be affected.” “In such a situation, Article 360 of the Constitution of India would come into play on the satisfaction of the President. 

The executive authority of the Union would extend to giving directions to any state to observe such cannons of financial propriety as may be specified in the directions,” the full bench stressed. The matter relates to a plea seeking to provide funds for augmenting the lower judiciary and the High Court taking suo motu cognisance of the issue following Central government funds meant for the judiciary being returned owing to its non-use. 

Also, the bench on perusing the counter affidavit filed by the Chief Secretary and Home Secretary, said, “The aggravated position is apparent from the fact that even functioning funds for state judicial academy are not available and thus, two training programmes have already been postponed.” 

“The proposal for making available an additional sum of Rs 35 lakhs is stated to be duly considered by the government and approval of competent authority is being obtained. We do not see the sight of the money,” the bench added. The order further stated that out of the pending 100 proposals to the tune of Rs 150 crore, it was suggested that 50 proposals could be taken up on first phase and remaining 50 in the second phase for allocation of funds in a prioritised manner. It, however, does not state as to which of the proposals at least the government has made available the funds even if it be half the proposals. The bench also pointed out that “as far as the Centrally Sponsored Scheme is concerned, the inaction and inability of the state government to properly complete the paper work has resulted in almost Rs 150 crore of central funds having lapsed. The blame rests at the door of the state government. The result is that for the year 2016-17 only a sum of Rs 50 crore has been allocated by the Central government and the state government is seeking additional funds for centrally sponsored scheme.”

 “We may note that the primary responsibility for creating judicial infrastructure vests with the state government, though the central government lends a helping hand in the form of various schemes. But the State Government affidavit does not set forth any schedule of release of funds,” the full bench held.

The Madras High Court has sought the Union government to examine the appointment of an additional expert member on a regular basis to the National Green Tribunal (Southern Zone), Chennai within three months to resolve the difficulties in creation of the roster as well as the acute need for such an expert.

First bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan gave the direction while disposing of a Public Interest Litigation moved by advocate D Karthik. He had contended that after the constitution of NGT, Southern Zone bench, all the cases pending before the high courts at Kerala, Karnataka, Andhra Pradesh, Telengana and Madras including matters from Puducherry have been transferred for disposal by the NGT. However due to want of more expert members as presiding officers, there has been huge delay as well as listing cases for hearing.

The Madras High Court has slammed the police for failing to streamline parking at NSC Bose Road and around the High Court.

Perusing photographs submitted as part of a Public Interest Litigation moved by Traffic Ramaswamy against frequent traffic snarls owing to haphazard parking mainly by government vehicles, the first bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan, directed the authorities to look into the aspect and file a status report. The bench held that, “The Petitioner has produced before the court some photographs in respect of parking areas where it appears that even though the parking is full, cars have been parked parallel to the road. Unfortunate part is that some of these cars are flag cars or with blue light suggesting they are official cars, where a greater discipline would be expected.” 

“Since the car numbers are available the authorities will look into the matter and file a status report in respect of these photographs at least to the extent where car numbers are available” the bench added On recording the Additional Advocate General’s submission that a connected matter is listed on November 14, the bench posted the case for further hearing on the same day.