Freebies distribution during elections is 'serious issue': Supreme Court

The Supreme Court on Thursday (August 11) observed that freebies provided by political parties to lure voters during elections are a serious concern as the economy might be losing money because of it.

Observing that freebies and social welfare schemes are two different things, the SC also said a balance has to be struck between the economy losing money and welfare measures.

It also ruled out the possibility of considering a plea for de-recognising parties for making promises to give freebies.

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The apex court said that the taxpayers had the right to raise questions about the money spent on developmental projects.

The SC was hearing a PIL filed by lawyer Ashwini Upadhyay, seeking a ban on political parties promising ‘freebies’ to attract voters during the polls. The plea asked for making political parties accountable for the promises they make.

Chief Justice NV Ramana said: “Nobody says it is not an issue. It is a serious issue. Those who are getting (the freebies) they want it and ours is a welfare state. Some may say that they are paying taxes, which must be used for the developmental process. So, it’s a serious issue. So, both sides have to be heard by the committee.”

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Asking stakeholders to give suggestions on this aspect before August 17, a bench comprising CJI Ramana and Justice Krishna Murari said the idea to de-recognise political parties for making promises to give irrational freebies during the polls was undemocratic.

“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,” the CJI, speaking for the bench, said.

The CJI said the issue of promise to grant irrational freebies during the poll process is a serious issue but he 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 bench said.

Solicitor General Tushar Mehta, appearing for the Centre, said, “Distribution of freebies has been elevated to the level of an 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 distribution of free things is the only way of welfare measures for the 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 are PSUs and are under severe financial stress.

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The Election Commission on Wednesday told the Supreme Court that it welcomed the idea of setting up a committee to look into the issue.

The apex court said that there is a need to understand the economic implications before making any decision, hence the court posted the matter for hearing on August 17.

Opposing the PIL filed, AAP gave a list of schemes such as free canteens and subsidised electricity and water and said: “They are absolutely essential in an unequal society such as ours and to describe them as freebies is not just incorrect, but also an affront to our constitutional project.”

(With inputs from agencies)