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Aug 11, 2022

'Undemocratic': SC Says Political Parties Cannot Be De-Recognised for Offering Freebies

The apex court also said a fine balance had to be struck between the health of the economy and the welfare of people when promising freebies.
The Supreme Court of India. Photo: Pinakpani/Wikimedia Commons, CC BY-SA 4.0
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New Delhi: The Supreme Court on Thursday, August 11, said it will not consider the plea for de-recognising political parties for announcing “freebies” during elections.

Speaking for the bench hearing a public interest litigation (PIL) on the question of “irrational freebies”, Chief Justice N.V. Ramana said, “I do not want to enter the area of de-registering a political party etc. as it is an undemocratic idea…We are a democracy after all.”

While acknowledging that the issue of ‘freebies’ was “serious”, he said the court will not encroach into the legislative domain even if there was a statutory vacuum on the issue.

“You can call me reluctant or conservative, but I do not want to encroach upon the legislative domain…I am a strict orthodox. I do not want to encroach on the areas meant for the legislature. This is a serious issue. It is not an easy thing. Let us hear others also,” the CJI said.

The apex court had already suggested setting up an expert panel – comprising members from the Election Commission, Union government, Reserve Bank of India, Finance Commission, Law Commission, among others – to “brainstorm” on the matter.

Also read: Election Freebies Are Generating Public Debt, but Voters Don’t Seem to Care

It had said unviable promises made by political parties during electioneering were taking a toll on the state exchequer. It had also observed that it cannot expect parliament to address the issue, stating that no political party would be willing to do away with freebies.

On Thursday, the court, however, said freebies and social welfare schemes were two different things and a balance had to be struck between the health of the economy and welfare measures announced to benefit the poor.

“Freebies and the social welfare scheme are different… Economy losing the money and the welfare of people, both have to be balanced and that is why this debate. There must be someone who can put their vision and thoughts. Please submit something before my retirement,” the CJI said.

Chief Justice Ramana, who is set to demit office on August 26, said some suggestions had been made by senior lawyers and asked the remaining parties to do the needful before his retirement and fixed the case for further hearing on August 17.

A polling officer applies ink on the finger of a voter at a polling station on the outskirts of Jammu April 10, 2014. Credit: Reuters/Mukesh Gupta

Representative image. Photo: Reuters/Mukesh Gupta

Petitioner’s plea

Petitioner Ashwini Upadhyay in his PIL, opposing the practice of political parties promising freebies during elections, sought directions from the apex court to the Election Commission to invoke its powers to freeze their election symbols and cancel their registration.

Taking note of the submissions of senior advocate Vikas Singh, appearing for Upadhyay, the bench said, “It is a serious issue and those who are getting [the freebies], they want it. Ours is a welfare state. Some may say that they are paying taxes and it has to be used for developmental processes… So both sides have to be heard by a committee.”

Solicitor general Tushar Mehta, appearing for the Union government, said, “Distribution of freebies has been elevated to the level of art by some parties recently. Elections are fought only on this plank. It is unfortunate that in the country’s election spectrum some parties understand that the distribution of free things is the only way of welfare measures for society. This understanding is completely unscientific and will lead to an economic disaster.”

The top law officer gave the example of the “stressed” electricity sector and said many power generating and distribution companies were PSUs and were under severe financial stress.

“Till the time, either the legislature or the poll panel steps in, the top court must lay down ‘dos and don’ts’ for political parties in the larger national interest,” Mehta said.

Rap for Election Commission 

On Thursday, August 10, the Election Commission in an affidavit refused to become part of the expert panel on freebies proposed by the Supreme Court, stating that as a constitutional authority, it cannot be part of a committee where there could be some government bodies.

Also read: EC Refuses to Become Part of SC Proposed Expert Panel on Freebies

The poll body had also said it took exception to “strong oral observations” made against it by the Supreme Court, which it said had “caused irreparable damage to the reputation of this institution built over the years”.

During the hearing on Thursday, August 11, the CJI took strong note of the publication of the poll panel’s additional affidavit in newspapers, saying it reached the media before the judges got to see it.

“We have to read the counter affidavits of the Election Commission in the newspapers and we have not received it till late last night… Please give affidavits to newspapers only,” the bench said.

Senior advocate Maninder Singh, appearing for the poll body, said it was filed online and the copies were supplied to other parties as well.

“How does it reach newspapers and not us? What is there to read in the Election Commission affidavit now?” the bench said before proceeding to hear the matter.

(With PTI inputs)

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