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Poll freebies: Supreme Court asks Centre to decide on its stand, next hearing on August 3

The Supreme Court on Tuesday asked the Central government to take a stand on if it wants to control the announcement of pre-poll freebies by political parties ahead of elections.

The bench of Chief Justice NV Ramana, Justices Krishna Murari and Hima Kohli also asked why was the Centre hesitating to take a stand on this issue. The bench also issued the directions after considering the suggestions put forth by Senior Advocate Kapil Sibal.

The announcement of freebies by political parties in elections needs to be controlled, the court said, adding it was a serious issue. Upon Sibal’s suggestion that the Finance Commission can look into this aspect, the Apex Court asked the Centre to consider whether the suggestions of the Finance Commission can be sought for solutions.

The Supreme Court asked the Central government to find out from the Finance Commission whether there is a way to curb State governments and political parties from promising and distributing irrational freebies to influence voters.

The Finance Commission should allocate funds to the states by taking into consideration the debts of the State and the quantum of freebies granted, Sibal suggested during the hearing in the case.

Now the (party) manifesto is gone, the way freebies are being given, that’s the issue, the CJI Ramana said. The court did not receive a clear-cut answer from Additional Solicitor General K.M. Nataraj on the Centre’s position on freebies, he said.

You take a stand on whether freebies should continue or not, Chief Justice Ramana asked Nataraj.

Upadhyay made a fervent appeal to the Court saying freebies were bankrupting the country’s reserves. “There is a total debt of Rs 6.5 lakh crore. We’re on our way to becoming Sri Lanka,” Upadhyay said.

CJI Ramana replied: “Let the Government of India (GOI) control. GOI issues circulars for the prescribed limits.”

The Apex Court was hearing BJP leader Ashwini Kumar Upadhyay’s plea seeking a direction to register FIRs against political parties for allegedly inducing voters by offering freebies.

The plea also sought a direction to the Election Commission of India (ECI) to not permit political parties to promise or distribute irrational freebies from the public fund before elections and de-register political parties or seize the election symbols of parties which do so.

The court also asked the Central government to get instructions in the matter till the next hearing, which has been scheduled on August 3.

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