The Supreme Court has issued a notice to the Centre, the Election Commission of India, the State of Madhya Pradesh and the government of Rajasthan on a petition seeking prevention of misuse of consolidated fund or grant in the name of public purposes under Article 266(3), 282 of the Constitution of India in states on the verge of elections.
The Bench of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra passed the orders on Friday on a petition filed by one Bhattulal Jain highlighting the misuse of the Consolidated Fund of India by Chief Ministers of Rajasthan and Madhya Pradesh to offer pre-poll freebies.
The petition further sought a direction in the nature of Mandamus from the Apex Court, declaring the promise or distribution of irrational freebies from the public fund before election to lure voters as analogous to the Bribery and Undue influence under Section 171-B and Section 171-C of the Indian Penal Code.
The petition submitted that the economic condition of Madhya Pradesh was ‘very bad’. It said the total outstanding loan on the State in 2006 was Rs 49646.6 thousand crore and there was a debt of Rs 3 lakh 78 thousand 616.5 lakh crore by the end of March 31, 2023.
The Annual budget of the government for the financial year 2023-24 was Rs 3 lakh 14 thousand 25 lakh crore, which meant the percentage of debt in comparison to the total budget for the financial year 2023-24 was almost 20 percent more, added the plea.
The Apex Court on Friday tagged the instant plea with the petition filed by Advocate Ashwini Upadhyay, which was referred to a three-judge bench last year.
On August 26, 2022, a Bench headed by the then CJI NV Ramana had stated that freebies curbed the possibility of creating a level-playing field. Noting that several questions raised in the petition required the attention of the Supreme Court, the Bench had listed the matter before a three-judge Bench as formulated by the CJI.
The Apex Court had noted that looking at the complexity of the case, its 2013 judgment in Subramaniam Balaji vs Govt of Tamil Nadu needed a reconsideration.
The petition filed by Advocate Upadhyay alleged that declaration of distribution of irrational freebies from public funds before elections unduly influenced the voters, shook the roots of a free and fair election, disturbed the level-playing field, vitiated the purity of election process and violated Articles 14, 162, 266(3) and 282 of the Constitution.
Earlier in January 2022, the Apex Court had issued notice in the present plea. The Bench had asked the Central Government to consider involving the Finance Commission in the issue pertaining to the distribution of freebies by political parties in the vicinity of elections.
(Case title: Bhattulal Jain vs Union of India and Ors)