As more and more States come under financial constraints to meet pre-poll populist promises, the Centre told the Supreme Court on Wednesday that distribution of freebies inevitably leads to “future economic disaster”.
The Centre also backed a PIL filed by a BJP leader against the practice of political parties promising “irrational freebies” during elections.
Incidentally, the Centre had earlier said the issue of freebies needed to be dealt with by the Election Commission. The poll panel, however, had put the onus on the Government during the July 26 hearing.
A bench headed by Chief Justice NV Ramana asked all stakeholders, including the Centre, Niti Aayog, Finance Commission and the RBI to brainstorm the issue of freebies promised during elections and come out with “constructive suggestions” to deal with it.
Solicitor General Tushar Mehta, appearing for the Centre, said the Government supported the PIL filed by lawyer and BJP leader Ashwini Updhyay. “I support the argument of the petitioner. Let the ECI take a re-look. It is like my right pocket is getting something but it would be taken from my left pocket later,” the SG further submitted.
“Such populist promises have a severe adverse impact on the voters. Not only such freebies distribution inevitably leads to future economic disaster, the voters also cannot exercise their right to choose as an informed, wise decision,” said SG Mehta.
The SG said a common man will never realise while accepting such freebies that “his right pocket is receiving something which is going to be taken away from his left pocket later”. He said the EC must prevent the freebie culture not only to protect democracy but also to safeguard the economic sustenance of the country.
Chief Justice Ramana said everybody feels the money paid as taxes is not paid for the purposes of developments etc., and thus everyone should use an independent forum and court should not be that forum. “Every political party benefits from the freebies. I don’t want to name one,” the CJI said.
“All stakeholders who want the freebies and (who are) opposing it, including RBI, Niti Aayog, Opposition parties have to be involved in this process of making some constructive suggestion,” the bench stated, asking all parties to make suggestions about composition of a body which can be constituted by the court to examine the issue.
The court asked the Centre, Election Commission, senior advocate and Rajya Sabha MP Kapil Sibal, and the petitioners to submit their suggestions within seven days on the composition of an expert body that will examine how to regulate freebies and give a report to it.
The counsel for the poll panel, however, said the apex court judgments bind it and hence it cannot act on the issue of freebies. The SG opposed the suggestion by senior advocate Sibal, who has been asked by the bench to assist it during the hearing, that the poll panel be kept out of this exercise.
The law officer said he would not like to undermine the sanctity of the EC as a constitutional body.
Last week Sibal told the court that while it was a serious issue, it was difficult to control it politically.
“The Finance Commission when it does allocation to various States, they 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. Centre cannot be expected to issue directions,” Sibal had said.
The EC had told the SC that it had held in previous judgments that a manifesto was part of the promises of a political party and suggested that the Central Government could bring in a law to deal with the issue.
The top court, while listing for further hearing on Thursday, said all stakeholders should think on the issue and give suggestions so it could set up a body to deal with the “serious” matter.
Last week the court asked the Central Government to think of ways to control political parties from promising freebies from public funds during elections campaigns. The SC had said that freebies may influence the electorate and affect the fairness of polls.