“We Find Ourselves Handicapped”: Allahabad HC On PIL Filed For Extending Caste Based Schemes To BPL Persons
The Allahabad High Court observed that it was ‘handicapped’ by the limits of judicial review addressing PIL for extending state assistance programs uniformly to all poor citizens irrespective of their caste or community.
The Lucknow Bench reiterated that seeking changes in an existing policy or law of beneficiary oriented scheme meant exclusively for SCs/ STs/ OBCs and Minorities to be extended to below the poverty line (BPL) persons of all other communities/castes was a matter of policy with the exclusive domain of the Executive or the Legislature.
A Division Bench of Justice Rajan Roy and Justice Om Prakash Shukla observed, “Howsoever avowed the objective behind filing of this petition, the issues raise fall in the domain of the Executive/Legislature as they involve policy matters having far reaching consequences, therefore, the petitioners should pursue the same before the Executive/Legislature. We find ourselves handicapped considering the limits of the judicial review by Constitutional Courts in such matters.”
Advocate S.N. Shukla represented the petitioners, while A.S.G. Sudhanshu Chauhan appeared for the respondents.
The petitioners sought the issuance of a writ in the nature of Mandamus to extend the benefits of existing beneficiary-oriented schemes, which are currently exclusive to SCs, STs, OBCs, and minorities, to all BPL persons from other communities/castes who fulfil the eligibility criteria. They contended that social and economic justice aims to create a welfare state, a fundamental aspect of the Constitution. Their plea was that the benefits of state assistance should be based on economic criteria and other verifiable objective measures rather than caste.
The petitioners argued that the denial of State economic assistance for specific castes under the beneficiary oriented schemes to indigent persons/families of the general category meeting the eligibility criteria of these schemes was in violation of their right to equality under Article 14 of the Constitution and the same could not sustain in view of Article 13 of the Constitution.
However, the State pointed out that there were various government schemes, such as the Mahatma Gandhi National Rural Employment Guarantee Scheme and Ayushman Bharat Pradhan Mantri Jan Arogya Yojana, that already catered to economically weaker sections irrespective of caste.
The Court noted that the PIL filed by the petitioners was for the sole objective that the provisions of all State assistance should be based on economic criteria only, instead of on the basis of caste/community.
“However, in the entire petition or in the submission before this Court, neither any endeavour was made nor any material was produced before this Court as to which scheme already existing for the SCs/STs/ OBCs/Minorities, the petitioner wants this Court to extend to the below poverty lines and as to how the said scheme was beneficial to the below poverty lines and not to the SCs/STs/OBCs/Minorities or as to how the present writ could be maintainable, which primarily seeks an issuance of mandamus for devising of policy or rule making, which essentially is in the domain of the Executive/Legislature, as the case may be,” the Court remarked.
Accordingly, the High Court disposed of the petition.
Cause Title: Satya Narain Shukla & Anr. v. State Of U.P. & Ors. (Neutral Citation: 2024:AHC-LKO:45640-DB)
Appearance:
Petitioners: Advocates S.N. Shukla and G.N. Pandey (petitioners-in-person)
Respondents: A.S.G. Sudhanshu Chauhan; SC V.P. Nag