FREEBIES SERIOUS ECONOMIC ISSUE, NEED REGULATION: SC

Calling freebies various political parties offer during elections to win votes a “serious economic issue”, the Supreme Court on Wednesday ordered setting up of an advisory body to examine the issue. The apex court asked the Centre, Election Commission, petitioners and senior lawyer Rajya Sabha Member Kapil Sibal to give in 7 days suggestions on the composition of the expert body that will examine how to regulate freebies. 

The Supreme Court suggested that an apex body comprising the Niti Aayog, the Finance Commission, ruling and opposition parties, the Reserve Bank of India (RBI) and other stakeholders was required to make recommendations on how to manage freebies distributed by political parties during election campaigns. 

A bench of Chief Justice N.V. Ramana and Justices Krishna Murari and Hima Kohli said there is a need of Niti Aayog, Finance Commission, ruling and opposition parties, RBI and other stakeholders to make suggestions on how

to control freebies that political parties dole out. “All stakeholders who want the freebies and who are opposing it, including RBI, Niti Aayog and opposition parties have to be involved in this process of making some constructive suggestions,” the bench observed on Wednesday.

Advocate Ashwini Upadhyay had in January this year filed a petition before the Supreme Court 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 said.

The petition sought directions to seize election symbols and deregister political parties that promised to distribute irrational freebies from public funds.

Appearing for the petitioner, Sibal said that the Election Commission be kept out of it as it was an economic and political issue. “Don’t refer it to the Election Commission. Do not make it an election issue. I’m only requesting to keep the Election Commission away from it. Let there be a debate in the Parliament,” the senior lawyer said.

The CJI then asked him, “Do you think there will be debate in the Parliament? These days everyone wants freebies. They feel that the money which they pay (in taxes) is not used for progress.” The CJI further observed, “These are all policy matters. Let everyone participate in the debate. We will say Finance Commission, political parties, opposition parties, all of them can be members of this group. Let them have a debate and let them interact. Let them give their suggestions and submit their report.”

“It is a serious issue but difficult to control politically. The Finance Commission when it does allocation to various states, it can take into account the debt of the state and the quantum of freebies. The Finance Commission is the appropriate authority to deal with it. Maybe we can invite the commission to look into this aspect. The Centre cannot be expected to issue directions,” Sibal observed.

Representing the Central government, Solicitor General Tushar Mehta supported the petition against promises of freebies by political parties and said this way we are heading towards economic disaster. “These populist promises have an adverse effect on voters. This is how we head towards economic disasters,” Mehta said.