The following writ petition has been emailed by me to Supreme Court of India (SCI)
Hon’ble Chief Justice
Supreme Court of India
New Delhi, India.
Subject: Online public interest writ petition to stop huge legal loot & constitutional fraud (going on through GoI Budget) by forfeiting Rs ~ 67 Trillion (Lakh Crore) public debt and by quashing FRBM
I humbly submit that I am an Indian citizen and concerned about huge legal loot & constitutional fraud going-on through Government of India (GoI) Budget (similarly State Budgets) which is mockery of criminal jurisprudence also, hence request your honor to kindly stop it in the public interest as mentioned below: -(1)- That the Indian Constitution has already provided measures under Article 292 & 293 of the Constitution for keeping Government of India (GoI) under financial discipline, which reads as –
“[292. The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of India within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed.
293. (1) Subject to the provisions of this article, the executive power of a State extends to borrowing within the territory of India upon the security of the Consolidated Fund of the State within such limits, if any, as may from time to time be fixed by the Legislature of such State by law and to the giving of guarantees within such limits, if any, as may be so fixed]”.
(2)- That the most important part of said constitutional provision in Article 292 is “to borrowing upon the security of the Consolidated Fund of India” and similarly for States in Article 293. Moreover, the loan raised which becomes part of consolidated fund can not work as security (for raising loans / public debt).
(3)- That it is a matter of common knowledge and common sense that a borrower cannot borrow more than the value of security he offers. For example, a person having a house worth Rs 100 million cannot borrow money (from bank or financial institution etc) against the security of this house more than Rs 100 million in any case. Moreover, this person cannot borrow Rs 100 million every year without paying back the old loan against the security of the same house. But, legally objectionably, this is what GoI (and also States) are doing, which is a fraud on the constitution.
(4)- That in order to obfuscate this constitutional fraud the politicians in the Government & Parliament (who all over the world have predilection of generating free public money and then squandering this public money) have enacted unconstitutional “Fiscal Responsibility and Budget Management Act” the mischievous part reads as: -[4. Fiscal management principles. — (1) the Central Government shall, - (a) take appropriate measures to limit the fiscal deficit up to three per cent. of gross domestic product by the 31st March, 2021; (b) endeavor to ensure that- (i) the general Government debt does not exceed sixty per cent.; (ii) the Central Government debt does not exceed forty per cent., of gross domestic product by the end of financial year 2024-2025].
(5)- That due to this unconstitutional FRBM in Budget 2020-21 the GoI is again incurring Public debt / fiscal deficit of another Rs 6.093 Trillion ( as reported at GoI website https://www.indiabudget.gov.in/doc/AFS/allafs.pdf )
though public debt of GoI is already at Rs 90.352 Trillion (https://www.indiabudget.gov.in/doc/rec/annex91.pdf ). This is much more than the consolidated fund of GoI which is only Rs 23.314 Trillion (total Revenue receipts) and which is supposed to be the upper limit of public debt as per Article 292 of the Constitution.
(6)- That the GoI has the knowledge of consolidated fund (as mentioned at https://www.indiabudget.gov.in/doc/Key_to_Budget_Document_2020.pdf ) : -
[The significance of the Consolidated Fund, the Contingency Fund and the Public Account as well as the distinguishing features of the Revenue and the Capital portions are given below briefly: (i) The Consolidated Fund of India (CFI) draws its existence from Article 266 of the Constitution. All revenues received by the Government, loans raised by it, and also receipts from recoveries of loans granted by it, together form the Consolidated Fund of India. All expenditure of the Government is incurred from the Consolidated Fund of India and no amount can be drawn from the Consolidated Fund without due authorization from the Parliament].
(7)- That despite knowledge of CFI the GoI has unconstitutionally and deliberating overlooked the fact that Rs 67.038 Trillion (90.352 – 23.314) of public debt is unconstitutional and deserve to be cancelled & forfeited. At the top of it the GoI has unconstitutionally incurred further public debt.
(8)- That here it is pertinent to add that once this unconstitutional public debt of India of Rs 67.038 Trillion is cancelled & forfeited in conformity with Article 292 (and similarly for all the States under Article 293) then it will not only spare the people of India (and their future generations) from unconstitutional huge public debt but it will also enable GoI (and government of States) to manage their budgets without further incurring public debts / fiscal deficits.
(9)- That this huge legal loot & constitutional fraud by the GoI (similarly by the government of the States) is a sad commentary on the criminal jurisprudence of India given the fact that these offenders against public money of colossal amount are occupying high & constitutional positions and are moving freely with impunity whereas ordinary criminals of much-much lesser amounts are either languishing in prisons or are suffering by undergoing prosecutions. It is legally imperative that the Hon’ble SCI stops this huge legal loot, constitutional fraud and mockery of criminal jurisprudence on an urgent basis.
Therefore, in view of above mentioned your honor is humbly requested to kindly: -
(i)- Direct the GoI to cancel & forfeit unconstitutional public debt of Rs 67.038 Trillion (similarly for the States of India).
(ii)- Direct the GoI not to incur any public debt beyond consolidated fund of India (similarly for the States of India)
(iii)- Quash unconstitutional FRBM in its entirety
(iv)- Any other relief commensurate with the facts and circumstances of the case
Hem Raj Jain
Aged 75 years s/o Late Sh. N.C. Jain
Presently at: Shakopee, MN, USA.