The petitioner argues that unregulated promise of freebies reflects an uncalled and unaccounted financial burden placed on the public exchequer.
The Supreme Court of India sent notices to the Centre and the Election Commission of India (ECI) on Tuesday, 15 October, in response to a petition that seeks to term promises of freebies by political parties during election campaigns as acts of bribery. It is a significant move that brings into focus the increasing outcry against the ethical implications such promises carry for the electoral process.
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A bench headed by Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, sought a response from both the Union of India and ECI. The filing is by Bengaluru resident Shashank J. Sreedhara and argued by advocate Srinivasan; the petition urges the high courts to bring urgent measures against these enticing but budget-bursting promises made by political parties.
The petitioner also argues that this unregulated promise of freebies reflects an uncalled and unaccounted financial burden placed on the public exchequer. It also gives a thrust to how no mechanisms are made to ensure their delivery, often being a basis for securing votes.
The Supreme Court has tagged this case with other pleas related to the same issue. Earlier, the court had agreed to entertain appeals against the practice of providing freebies after a plea was moved by senior advocate Vijay Hansaria, who represented PIL petitioner Ashwini Upadhyay. The plea by Upadhyay seeks a complete ban on populist measures that try to get undue political mileage, saying they are a blatant violative of constitutional principles.
An appeal urging the ECI to implement appropriate deterrent measures has been filed, stating that the promise of irrational freebies from public funds unduly influences voters and causes disturbance to a level playing field in elections. It has said that such a practice undermines the integrity of the electoral process and equates to bribing the electorate at the cost of the exchequer and poses a significant threat to democratic values.
Furthermore, the petitioner has requested the apex court direct the ECI to amend the Election Symbols (Reservation and Allotment) Order, 1968, to incorporate that "a political party shall not promise or distribute irrational freebies from public funds before the election." This too is a violation of multi-level constitutional articles which, as far as Article 14 is concerned, talks about equality before law.
