In an affidavit to the apex court, the Centre submitted that the state government's decision is within the ambit of MPLADS guidelines framed by it.
"At the outset it is humbly submitted that the resolution dated November 10 of the government of Bihar provides the procedure of implementation of MPLADS work in the state within the framework of the MPLADS guidelines. No adverse effect in implementation of the MPLAD scheme is perceived on account of the procedure prescribed in the resolution," the affidavit said.
The Union government had filed its affidavit in response to the apex court's notice seeking its response on a plea by Muzaffarpur MP Captain Jai Narayan Prasad Nishad, challenging the state government's November 10, 2011 guidelines and terming the same as "unconstitutional".
After going through the affidavit, a bench headed by Justice DK Jain said it need not go into the issue as the Centre, which grants the fund, had no problem with the guidelines.
The court, however, granted two weeks time to the petitioner to show that the state government's guidelines have resulted in violation of Centre's guidelines.
Nishad said for the scheme under the Central list, only the Centre was empowered to make guidelines for implementation and the state has to implement it only.
"For the schemes covered under the Central List, the Central Government only is empowered to frame rules for its implementations and the State Executive having no power under Rule of Executive Business to frame guidelines for the Central Government Schemes under Members of Parliament Local Area Development Scheme (MPLADS)," he said in the petition.
New Delhi: The Centre on Friday supported in the Supreme Court the Bihar government's decision to amend the guidelines for implementation of the Members of Parliament Local Area Development Scheme (MPLADS).
First Published: Friday, July 13, 2012, 18:32