Holding that such promises by political parties under present law does not amount to corrupt practice, the apex court, however, said that election manifesto released by parties can be included in the Model Code of Conduct.
"Although, the law is obvious that the promises in the election manifesto cannot be construed as 'corrupt practice' under Section 123 of Representation of People's (RP) Act, the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people. It shakes the root of free and fair elections to a large degree," bench of justices P Sathasivam and Ranjan Gogoi said.
The judgement can have wide ramifications and can put a curb on political parties for promising different types of freebies like distributing laptops, TVs, grinders and mixers, electric fans, four gram gold thali and free foodgrains for wooing the voters. The election manifesto of parties will also come under the scruitny of the Commission.
"We are mindful of the fact that generally political parties release their election manifesto before the announcement of election date, in that scenario, strictly speaking, the Election Commission will not have the authority to regulate any act which is done before the announcement of the date.
"Nevertheless, an exception can be made in this regard as the purpose of election manifesto is directly associated with the election process," the bench said.
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