It is a good, and hard, question.   The statute is very clear as to how the PF earnings will be disbursed and after inflation-proofing, half is dedicated to the Dividend.   I agree that it doesn't much matter what previous legislatures and governors have done; it is really a question of Constitutional and statutory interpretation.   The Court has to reconcile the Constitutional prohibition against dedicated funds, the Constitutional requirement of an appropriation to support any State expenditure, and the Governor's Constitutional power to line-item veto.   There is no way to avoid this question putting the Court into an essentially legislative role unless there are some really incisive parsers and baby-splitters on the Court.   I've been away too long now to have any real insight into who thinks what.    My money is they won't deal with it until after the Election and they'll see if the politicians can sort it out before they bare their breasts to the storm.