The Supreme Court on Wednesday sought response from the Central government, Election Commission, petitioners and Senior Advocate Kapil Sibal within seven days on setting up of an expert body, to regulate the freebies offered by various political parties to the electorate, just before the elections.
A bench headed by Chief Justice of India (CJI) N.V. Ramana, while observing that distribution of freebies by political parties before polls had a significant impact on the country’s economy, directed to constitute an expert body comprising representatives of NITI Ayog, Finance Commission, RBI, opposition political parties and stakeholders.
It said the body would go into the pros and cons of freebies and suggest steps to regulate the same.
The Apex Court further said the situation has arisen because of inaction of the Election Commission.
Responding to the Commission, which said that its hands were tied by an earlier verdict of the Apex Court on freebies, the bench said that if necessary, it would also reconsider the judgement in question.
Solicitor General Tushar Mehta said that mindless freebies will make India an economic disaster.
Representing the Central government, Mehta said the Election Commission should examine the issue of political parties offering such freebies before elections.
He further said that such populist promises were having an adverse effect on voters.
“This is how we head towards economic disasters,” added the SG.
The Apex Court had, during its July 26 hearing, sought views of Senior Advocate Kapil Sibal, considering his experience as a Parliamentarian.
Sibal said it should be left to Parliament to debate and pass a law.
CJI asked, “Do you think Parliament will debate on the issue of freebies? Which political party will debate? No political party would oppose freebies. Each wants it. We must think about tax payers & the country’s economy.”
CJI Ramana further said that the common man feels that the money paid as taxes was not paid for the purpose of development. Thus, everyone should use an independent forum and the court should not be that forum, he added.
During today’s hearing, Sibal said the matter should not be referred to the Election Commission.
“This is an economic issue and the Election Commission has to be kept away. This is an economic and political issue. Do not refer it to Election Commission,” he said.
The argument was opposed by the SG, who said, “I would not like to undermine the sanctity of the Election Commission of India. Suggestion of Mr Sibal is a suggestion for not solving the problem. this suggestion is a recipe to not solve the problem. Let us give our suggestions.”
The Apex Court was hearing a petition filed by Advocate Ashwini Upadhyay, seeking directions to the Election Commission to either de-register or seize the election symbol of those political parties, which promise or distribute freebies from public fund before elections, alleging that the practice unduly influenced the voters.
The petition further sought directions to declare that promise/distribution of irrational freebies from the public fund before election to lure voters was violative of Articles 14, 162, 266(3) and 282 of the Constitution and analogous to the ‘bribery and undue influence’ under Sections 171B and 171C of the Indian Penal Code 1860.
The petitioner further prayed for directions to the EC to insert an additional condition in Paras 6A, 6B and 6C of the Election Symbols Order 1968 mandating that any “political party shall not promise/distribute irrational freebies from the public fund before election”.
Considering it as a ‘serious issue,’ the Apex Court had issued notice in the matter in January, 2022.
Earlier on July 26, a bench headed by Chief Justice of India N.V. Ramana, had directed the Centre to find out from the Finance Commission whether the revenue allocation to states could be regulated by taking into account the money spent on “unnecessary freebies” announced by political parties for the electorate, just before the polls.
The Central government was given time till August 3 to file a report in this regard.
The top court of the country had observed that this practice of freebies by political parties needs to be controlled.
The ECI had earlier submitted an affidavit before the Court, stating that it has no power to regulate the freebies and that it was up to the voters to decide whether the freebies were financially viable.
The next date of hearing in the case is August 8.