The Supreme Court on Tuesday issued notice to the Centre and the Election Commission on framing of guidelines on “freebies” promised by political parties before elections.
Observing that it was a “serious issue”, and “freebie budget” was going beyond the regular Budget, the court sought a response from the poll body and the Union Government in four weeks.
The Chief Justice of India said that the Supreme Court, in a different issue, had directed the poll body to frame guidelines on the matter but the poll body held just one
meeting whose outcome is unknown.
“Within the limited scope, we had directed the Election Commission to frame guidelines. But subsequently, they conducted only one meeting after our directions. They sought views from political parties and thereafter I do not know what happened,” NV Ramana, the Chief Justice of India, said.
A bench of CJI Ramana, Justice AS Bopanna and Justice Hima Kohli was hearing a plea filed by lawyer and BJP leader Ashwini Upadhyay saying public funds were being misused by all political parties, pushing States deeper into debt.
The plea, filed ahead of Assembly polls in five States, said there should be a total ban on such populist measures to gain undue political favour from voters as they violate the Constitution and the EC should take suitable deterrent measures. The bench took note of submissions of senior advocate Vikas Singh, appearing for Upadhyay, that a law needs to be framed on the issue and steps like the seizure of party symbols or taking back the registration of parties or both may be thought of as ultimately it is the citizens who have to pay up.
“Let us see. For the time being, we will issue notice and let the Government of India and the Election Commission come back with some response,” the bench said after hearing brief arguments. The bench said that political parties may be included as parties to the plea later. “Legally, I am asking some legal questions in the debate. We want to know how to control all this. It is a serious issue, no doubt. Freebie budget is going beyond regular budget and sometimes, as observed by the Supreme Court in this paragraph (of an earlier judgment), it is not the level playing field.”
“The parties who make more promises have the advantage and chance of winning the elections even though it does not amount to corrupt practices under the law,” the bench said. The apex court took note of the fact that the poll panel has conducted only one meeting on the issue of the promise of freebies during the polls after the apex court’s judgment on the issue. “The apex court had directed the Election Commission to frame guidelines on this. They have framed guidelines but without any teeth,” the senior lawyer responded.