Haj subsidy is constitutional, says government
Nov 21, 2006 - 12:42:13 AM
, Reviewed by: Priya Saxena
|
|
|
'Sikh pilgrimage to Nankana Saheb in Pakistan is also arranged by the government of India. The government of Kerala gives a subsidy to pilgrims travelling by its Road Transport Corp to Sabarimala temple,' it said.
|
By Indo Asian News Service,
[RxPG] New Delhi, Nov 20 (IANS) The Indian government has declared that the subsidy given to Haj pilgrims is constitutional and said that courts should not interfere in policy matters.
In an affidavit filed in the Lucknow bench of Allhabad high court, the central government Monday said that 'the expenditure for facilitating and supporting the pilgrimage to religious places is clearly covered' under Article 282 of the Indian constitution.
The case is expected to come up in Lucknow High Court Tuesday.
The affidavit, filed by Supreme Court lawyer Haris Beeran, reminded the court that the grant of subsidy was a policy decision.
'Grant of subsidy is a policy decision, which has been taken by the central government and followed for the last 10 years. Even the change of governments has not resulted in any change of this policy.
'It is well settled that in policy matters, the courts should not interfere as a matter of rule. The Supreme Court has held that matters of subsidy are policy matters in which courts should not interfere,' the government said.
Responding to a petition filed by Shiv Sena activist B.N. Shukla, the Lucknow court had in August ordered a blanket ban on the subsidy given by the central and state governments to Haj pilgrims. The Supreme Court lifted the ban for the current year.
Pointing out that the subsidy for the Haj pilgrimage was included in the central government budget, the government said it could not be directed to go backtrack by the court.
'The high court under Article 226 does not have jurisdiction to issue any mandamus in a matter where the parliament has unanimously passed the budget with regard to the policy matters,' it stated.
The petitioner had argued that Lahore high court had directed the Pakistan government to stop providing subsidy for Haj pilgrims as it was 'contrary to the Shariat, the Islamic law'.
The Indian government argued that this was 'irrelevant for the purpose of deciding the present controversy, being a judgement of a foreign court' and that 'Islamic law did not have any applicability to this issue'.
The affidavit also denied the argument that the then Saudi Arabian foreign minister had told then Indian external affairs minister Jaswant Singh in 2004 that the subsidy was wrong.
Noting that Jaswant Singh was not the external affairs minister in 2004, the affidavit said the Indian minister had visited Saudi Arabia in 2001 and Haj subsidy did not figure in their conversation.
It said the government was empowered both by the constitution and the Haj Committee Act to 'provide all kinds of assistance to the pilgrims who go on a pilgrimage to a place outside India.
'Article 282 gives broad power to the government to incur expenditure by way of grants for any public purpose notwithstanding that purpose is not one with respect to which parliament or the state Legislature, as the case may be, has the power to make laws.
'It is thus, very clear that the expenditure for facilitating and supporting the pilgrimage to religious places is clearly covered under article 282 of the constitution.'
The central government also clarified that no money was paid to the pilgrims and all what the government does is to charter flights through state carrier Air India in which the pilgrims get a lower fare than the actual fare.
It has also noted that a sum of Rs.3,250 was being paid to Kumaon Mandal Vikas Nigam for each pilgrim undertaking the Kailash Mansarovar Yatra for arranging the logistics including setting up of camps at high altitudes for the pilgrims.
'Sikh pilgrimage to Nankana Saheb in Pakistan is also arranged by the government of India. The government of Kerala gives a subsidy to pilgrims travelling by its Road Transport Corp to Sabarimala temple,' it said.
Prime Minister Manmohan Singh's government last week decided to pay the round trip fare to 10,000 more Haj pilgrims every year, taking the total number entitled to the subsidy to 110,000.
|
Subscribe to India Newsletter
|
|
E-mail Address:
|
|
Feedback
|
For any corrections of factual information, to contact the editors or to send
any medical news or health news press releases, use
feedback form
|
Top of Page
|
