High Court Issues Notice To Rajasthan Govt On PIL Challenging Smart-Phone Guarantee Cards For Women In Absence Of Fiscal Policy Statement

The Rajasthan High Court on Tuesday issued show cause notice to State Government on a PIL challenging the order dated August 21, 2023 issued by the Planning Department regarding the proceedings to be followed for the purpose of distributing guarantee cards in lieu of smart-phones.

The division bench of Justice Vijay Bishnoi and Justice Yogendra Kumar Purohit noted,

“Having heard learned counsel for the petitioner and after going through the material placed before this Court, let show cause notice be issued to the State Government as to why the order dated 21.08.2023 providing procedure for distribution of guarantee cards in lieu of smart phones be not quashed and set aside.”

The petitioner, a practicing advocate, submitted that initially, in the budget year 2022-23, the State Government has made a provision for distributing smart-phones to the family heads of 1 crore 33 lakhs Chiranjivi Families and for that purpose, an amount of Rs.2,500/- crore has been sanctioned.

It was argued that the said smartphones have not been distributed as per the budget declaration for the financial year 2022-23. The petitioner highlighted that in the discussions on the appropriation bill, held on March 17, 2023, the Chief Minister of the State has made a statement that on account of some unavoidable circumstances, the smart-phones could not be distributed as per the budget declaration for the financial year 2022-23 but now the smart-phones will be distributed to the girls who are studying in 10th and 12th standards in government schools, colleges, ITI/Polytechnic and to the widows/ single women who are getting pension.

The Counsel appearing for the petitioner argued that as per the provisions of the Rajasthan Fiscal Responsibilities and Budget Management Act, 2005, particularly Section 5(4), the State Government is required to declare the Fiscal Policy Strategy Statement for the ensuing financial year relating to the revenue receipts, expenditure, borrowing and other liabilities including guarantees.

It was contended by the petitioner that the State Government, without declaring the Fiscal Policy Strategy Statement for the financial year 2023-24, has decided to distribute guarantee cards to certain categories of women.

The petitioner argued that without there being declaration of such provisions in the Fiscal Policy Strategy Statement, the guarantee cards in lieu of smart-phones cannot be distributed and the action of the State Government of distribution of guarantee cards in lieu of smart-phones is absolutely illegal and clearly in contravention of the provisions of law.

Thus, the Court issued notice to the State Government and further directed to list the matter on October 5.

Case Title: Mudit Nagpal v. State of Rajasthan

Case no.: D.B. Civil Writ Petition No. 14249/2023

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