Election freebies exceeding regular Budget, says Supreme Court

Issues notices to Centre, EC on PIL against populist sops

The Supreme Court on Tuesday sought replies from the Centre and the Election Commission on a PIL seeking direction to seize the symbol or deregister a political party that promises or distributes “irrational freebies” before polls, saying it is a “serious issue” as sometimes “freebie budget is going beyond regular Budget”.

A Bench comprising Chief Justice N V Ramana and Justices A S Bopanna and Hima Kohli sought the response in four weeks on the PIL filed by BJP leader and lawyer Ashwini Upadhyay. 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 need to be framed on the issue and steps like 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.

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.

It took note of the fact that the poll panel has conducted only one meeting on the issue of 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 lawyer responded.

At the outset, Singh said in states, having huge debt, parties are promising freebies and please see, ultimately it is the public, whose money is promised to be given. Every party is doing the same thing and there has to be some legislation on this aspect, he said, adding “I do not want to name any party”.