The Supreme Court on Thursday observed that freebies that political parties dole out in the run-up to elections to lure voters are a serious issue. Saying that there were two sections, the apex court observed that one who supported the freebies and the other who would like the money spent on freebies to be spent on development.
“Those who are getting they want it as ours is a welfare state. Some may say that they are paying taxes and it (the money) has to be used for developmental process. So it is a serious issue. So both sides have to be heard by committee,” said Chief Justice of India
NV Ramana, while hearing a PIL challenging the culture of freebies.
Ramanna also observed that the Central government also runs schemes to feed the hungry and though “economy is losing money”, it is pertinent that “people’s welfare has to be balanced”.
The Election Commission on Wednesday filed an affidavit which supported the Supreme Court’s suggestions to set up an expert committee to examine regulatory measures on freebies announced by political parties ahead of elections. The electoral watchdog, however, refused to be part of the expert body.
“It may not be appropriate for the Commission, being the constitutional authority, to offer to be part of the expert committee especially if there are (representation from) ministries or government bodies in the expert committee. Further, there are continuous elections in the country and any opinion/view/comment during deliberations in a multi-member body might, in the event of being publicised, amount to pre-decide the issue and disturb the level playing field,” the Election Commission said in the affidavit.
The top court was hearing a public interest petition filed by lawyer Ashwini Upadhyay in January this year pleading that promise or distribution of irrational freebies from public funds before elections could unduly influence the voters, shake the roots of a free and fair election and disturb the level-playing field, besides vitiating the purity of the election process. “Direct and declare that promise/distribution of irrational freebies from the public fund before an election to lure voters is analogous to the bribery and undue influence under Section 171B and Section 171C of the IPC,” the petition observed. The petition seek a ban on political parties promising ‘freebies’ during election time. The petition also seeks steps to regulate poll manifesto and make political outfits accountable for promises they make therein.
The Supreme Court had on 3 August suggested that an apex body comprising the NITI Aayog, the Finance Commission, ruling and opposition parties, the RBI and other stakeholders was required to make recommendations on how to manage freebies distributed by political parties during election campaigns.
The court will next hear the plea on August 17.
