The Election Commission of India has refused to be on an expert panel proposed by the Supreme Court to examine the issues of promise of “freebies” by political parties during elections. The EC has argued that since it was a Constitutional body, it may not be proper for it to join any such panel.
“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 Ministries or Government bodies in the expert body. 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-deciding the issue and disturb the level playing field,” the EC has told the Supreme Court in a reply.
“The answering respondent respectfully submits that it will be greatly benefitted by the recommendations of the expert body that the court may deem appropriate to set up and commits to give its highest consideration to the same, while strengthening/modifying its existing guidelines in the interest of purity of electoral process. The answering respondent respectfully further submits that it would abide by any direction which this court considers appropriate to pass,” the affidavit states, the EC added.
During the last hearing on this matter on August 3, the SC had favoured setting up of an expert body consisting of various stakeholders such as Niti Aayog, Finance Commission, Law Commission, Reserve Bank of India, members of ruling and Opposition parties to give suggestions to address the issue of promise of freebies during election campaigns.
To enable the court to pass an order for the Constitution of such a body, the bench directed the petitioner, Central Government and the Election Commission of India to give suggestions.