Time and again it is seen that Public Authorities plea paucity of funds as reason for their inability to fulfill their constitutional and statutory duties. Putting rest to this controversy in totality, in a landmark judgment given by Hon.SC in Municipality of Ratlam V Vardichand(1980)
The Hon. Court, thru Justice Krishna Iyer, Categorically rejected the contentions of Municipality, the plea of Paucity of funds as defense, for its failure in the due discharge of public duties.
The Court Said,"Statutes operates against Statutory bodies and Others regardless of the Cash in their coffers even as human rights under part Three of the Constitution have to be respected by the State regardless of Budgetary provisions.
Otherwise a profligate Statutory body or pachydermic Govt. Agency may legally defy duties under the Law by urging in self defense a self created bankruptcy or perverted expenditure budget. That cannot be."
May I suggest, Do we make a diamond studded golden frame of this Judgment and Present the same to CJI and to CJ of HCs, in any Public function to adorn the same in most appropriate place of Justice in SC/HC. Perhaps, the judges then may be constrained to give due respect to this Judgment, or at least the Litigants are impressed upon this landmark judgment.
SJ.
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