Dr. M.V.K. Moorthy, Supreme Court Advocate

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According to me, in my considered opinion, the captioned concept is the need of the hour concerning the democracies in the universe, especially when different political parties announce “fee bies” for vote baiting.

What is jurisprudence ? and how many jurisprudences we come across in routine life ?

Jurisprudence is a science or philosophy of law. It is of two types namely “General jurisprudence” and “Special Jurisprudence or Purposeful Jurisprudence”. It is imminent to see how a jurisprudence necessitates financial discipline in nowadays’ Global economical or financial affairs of each democracy. It is also a proven fact, financial affairs without a set of disciplines will crumble down that would effect the subjects of badly managed country. Of course for no displeasure, I am not naming a particular country.

The life of a human being, political parties and Government or governance is always dependent upon discipline without which there is no existence, growth, progress life and taste.

Let us see what is meant by Finance ? According to me , finance is kind of source which would enable an individual, family, a society, a political party, a federal government etc., to exist or survive and continue to survive. Therefore a strict discipline is very much essential for handling financial affairs. Let me also state in my humble but considered opinion that finance means both income as well as expenditure, the combination of which depending upon the facts and circumstances would ultimately culminate in either + or -. If it is + well managed technique is established. On the converse, if it is – which connotes a badly handled management that resulted in loss. As already stated above, the word “finance” connotes a source for the stability and growth of the above stated categories. For any of them, it is income which would be the source for expending. It is universally accepted theory coupled with known practice that revenue is a major source to form part of finance. What is meant by revenue ? Revenue for a State or administrator or society is the income from which its expenditure needs are to be met with. What is the income for any State to govern the subjects for better governance. Widely and worldly accepted phenomena is that the State by dint of legislative power raises its income through various sources mainly attributable to both direct and indirect taxes, of course at this stage I am not going into deep into the details of the enactments touching upon direct and indirect tax laws. The present times and century are witnessing the administration of personal income and taxes on supply of goods or services (GST). Excise on certain items and customs duty on exports and imports would also comprehend within the compass of indirect tax law. Viewed from any scenario, the financial sources in acceptable form is limited i.e. income for any State from taxation even after so much of widening exercise continues to be limited but the needs and desires of the governance, nowadays is in heaps and bounds, so also of the people. It is unfortunate to state that to meet its needs and desires, it is indispensable for any state to go for borrowing, repayable in a scheduled time bound span by offering the properties of the State and also the securities.

I must also owe a duty to state why the States are forced to look at certain institutions for borrowing. If one makes an introspection, it would be a matter of categorical and clear vision that the so called “free bies” declared or announced by political parties to attract the voters before the elections and such declarations are manifested in election manifestoes. As an experienced person and professional, I genuinely feel that the free bies in several or different forms would ultimately drive towards laziness turning to unproductive days and such a situation is really dangerous to human life, to the growth of economy and finally to the survival of the State. Recently a different concept has been ignited into pursuit that in the name of implementing the free bies schemes amounts are being deposited or transferred into the accounts of the concerned categories found qualified. What is lacking herein is, there is no system or governance to monitor or oversea as to any real and field benefit arising out of such action of depositing the amounts. If that is so, it is very much alarming situation as to what would be the effect ultimately affecting the very survival of the society. Some contacts across the society with the beneficiaries of the free bies is that Government is giving and we are taking , we never asked for, still the political parties with an intention to garner votes to come into power by themselves as its policy declared these scheme. It is no doubt true and laudable intention that there shall be much more productivity in all respects but the political parties after winning the polls and taking up the reigns of the state choose to implement the promises costing the state exchequer and pinching the pockets of the tax payers as well as defacing the very object of borrowings. It is very much surprising to note that now a days some political parties claim that proeprties are developed by borrowing money which does not stand to the test of any economical or financial prudence. Be that as it may, the borrowings and the cost of free bies are all indisputably to the account of the people only. I am afraid a day may come that the subjects would have to necessarily and voluntarily come toward to contribute money for repayment of the loans which will be suicide for democracy demonstrating the ill managed financial affairs.

In view of the above mentioned scenario, there is a need for setting up a high level empowered authority with teeth to examine the need for free bies, the extent to which they are required and ultimately the indispensible need for post monitoring or overseeing system as to what was exact productivity or development on account of the benefit extended. Therefore, it is suggested that a “Court of Audit” is also need of the hour as to practical, reasonable and fair implementation of the programme for the benefit of the people and whether the free bies are really necessary or required to continue. While a court of audit is suggested by me, expression of the concern now and then by the Apex Court of the Land or its helplessness to monitor the situation or for that matter the election commission of India often stating it is not their duty as their duty is confined to conduct of fair and peaceful elections. Therefore in order to see that the very promise of free bies and its implementation is left without any survilence, supervision or inspection, there must be a international thinking over this issues, a real mulvoer and reformative but progressive steps are really initiated to see that the exact benefit to the real beneficences on account of free bies is achieved so as to end the so called poverty and not to bring a category in the society namely below poverty line (BPL).

I shall not be understood to be against the free bies intoto but the whole endeavor is to see that the people are grown to a logical system that would generate full time employment which would in turn generate revenue for them but not under any circumstances, the free bies cannot develop laziness amongst the people.