Freebies case: SC refers matter to three-judge bench; hearing live-streamed

The Supreme Court on Friday (August 26) directed the listing of pleas, which have raised the issue relating to the practice of political parties promising freebies to voters ahead of elections, before a three-judge bench.

The case was among 20 hearings that were streamed live for the first time in the history of the apex court.

Also read: Freebies serious issue, Centre should call all-party meet: SC

A bench headed by Chief Justice N V Ramana said it was argued before it that the 2013 judgement delivered by a two-judge bench of the apex court in the matter of S Subramaniam Balaji vs The Government of Tamil Nadu and others required reconsideration.

“Looking into the complexities of the issues involved and the prayer to overrule the judgement rendered by a two-judge bench of this court in Subramaniam Balaji, we direct listing of the set of petitions before a three-judge bench after obtaining the orders from the Chief Justice of India,” the bench said.

The petitioners had prayed for the de-registration of political parties that offer freebies during and after polls.

“There can be no denying fact that in electoral democracy, the true power lies with the electorate. Electorate judges the parties and candidates,” CJI Ramana said.

Also read: Freebies have costs, parties must make it clear to voters: RBI’s Ashima Goyal

The top court said these pleas would be listed after four weeks.

In the 2013 judgement, the apex court had noted that after examining and considering the parameters laid in section 123 of the Representation of People Act, it arrived at a conclusion that the promises in the election manifesto cannot be read into section 123 for declaring it to be a corrupt practice.

(With inputs from agencies)