News Excerpt:
The Delhi High Court recently observed that the Central Information Commission (CIC) has no jurisdiction to comment on the utilisation of funds by the members of Parliament under the Members of Parliament Local Area Development Scheme.
More About News:
- Jurisdiction of CIC: The court held that the CIC does not have the jurisdiction to comment on the utilization of funds by Members of Parliament under the MPLADS. It emphasized that the scope of the Right to Information (RTI) Act is limited to ensuring access to information under the control of public authorities.
- RTI Act Scope: The court clarified that the CIC can only address issues related to information sought under the RTI Act or matters leading to the dissemination of such information. Any comments or observations on the functioning of public authorities fall outside the purview of the CIC's jurisdiction under the RTI Act.
- Expunging Adverse Comments: The court directed the expungement of adverse comments made by the CIC regarding the utilization of MPLADS funds by Members of Parliament. It deemed such comments as beyond the CIC's jurisdiction and instructed their removal from the CIC's order.
- CIC's Observations: In its 2018 order, the CIC criticized the practice of some MPs deliberately accumulating MPLADS funds before elections to gain an improper advantage. It recommended preventing such abuse of funds and ensuring equal distribution annually.
- High Court's Decision: The high court ruled that the CIC had overstepped its jurisdiction by commenting on the utilization of MPLADS funds by MPs. It ordered the removal of two paragraphs containing remarks on fund utilization and misuse from the CIC's order.
- Retaining Directive on Disclosure: However, the court upheld a directive from the CIC requiring the publication of details regarding MPLADS funds, including MP-wise, constituency-wise, and work-wise allocations. This directive, falling within the ambit of the RTI Act, was deemed appropriate for retention.
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Members of Parliament Local Area Development Scheme (MPLADS)
- Objectives of MPLADS: MPLADS was introduced in 1993. The objective is to enable the MP to suggest and get executed developmental works of a capital nature based on locally felt needs with an emphasis on the creation of durable assets.
- MPLADS is a scheme formulated by the Government of India on 23 December 1993 that enables the members of parliaments (MP) to recommend developmental work in their constituencies with an emphasis on creating durable community assets based on locally felt needs.
- Elected Members of Rajya Sabha representing the whole of the State as they do, may select works for implementation in one or more district(s) as they may choose.
- Nominated Members of the Lok Sabha and Rajya Sabha may also select works for implementation in one or more districts, anywhere in the country.
- MPs can also recommend work of up to Rs. 25 lakhs per year outside their constituency or state of election to promote national unity, harmony, and fraternity. MPs can recommend work of up to 25 lakh for Natural Calamities in the state and up to Rs. 1 crore in the country in case of Calamity of Severe Nature (e.g. Tsunami, major cyclones, and earthquakes).
- A State level nodal department is chosen, which is responsible for supervision and monitoring, and maintaining coordination with line departments.
- District authorities (DAs) sanction the work recommended by MPs; sanction funds; identify the implementation agency and user agency, implement the work on the ground, transfer assets to the user agency, and report back to the ministry about the status of MPLADS in the district.
- Each MP is allocated Rs. 5 crores per year since 2011-12 which has been increased from Rs. 5 lakh in 1993-94 and Rs. 2 crores in 1998-99. MoSPI disburses funds to district authorities, not directly to MPs.
- This annual entitlement is released conditionally in two installments of Rs. 2.5 crore each. Funds are non-lapsable in nature i.e. in case of non-release of the fund in a particular year it is carried forward to the next year.
- MPs need to recommend work worth at least 15% and 7.5% of their funds to create assets in areas inhabited by Scheduled Castes (SCs) and Scheduled Tribes (STs) respectively.
- Funds for MPLADS can be converged with Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) for creating more durable assets and with the National Program for Development of Sports (Khelo India).
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