Canvassing votes by promising freebies a serious issue: Supreme Court notice to Centre, Election Commission

The Supreme Court on Tuesday issued notice to the Central government and the Election Commission of India (EC) on a plea seeking directions to Election Commission of India to seize election symbol and deregister political parties, which promise/distribute freebies using public funds before elections..The petitioner, BJP leader Ashwini Kumar Upadhyay also sought a direction to be issued to the Central government to enact a law in this regard.A Bench of Chief Justice of India (CJI) NV Ramana and Justices AS Bopanna and Hima Kohli said that the petition raises a serious issue. "It is a serious issue and freebies budget goes beyond regular budget. Even though it is not a corrupt practice but it creates a uneven playing field," the CJI remarked.However, the Bench also pointed out how the petitioner had selectively named parties and States in the petition."You have named only two in affidavit," the CJI said. "You have been selective in your approach," remarked Justice Kohli. The Court nevertheless proceeded to issue notice in view of the legal issue raised in the plea..The plea cited the following examples from the upcoming Punjab Assembly elections:1. Aam Aadmi Party promised ₹1,000 per month to every woman aged 18;2. Shiromani Akali Dal (SAD) promised ₹2000 to each woman to lure them.3. Thereafter Congress not only promised ₹2000 per month and 8 gas cylinders per year to every house wife but also promised a Scooty to every collage going girl, ₹20,000 after passing 12th class, ₹15,000 after passing 10th class, ₹10,000 after passing 8th class and ₹5,000 after passing 5th4. For UP Assembly elections, Congress promised a smartphone to every girl studying in Class 12, a Scooty to every girl pursuing graduation, free public transport for women, eight free gas cylinders per year to every housewife, free medical treatment up to ₹10 lakh per familyDistribution of money and promise of freebies has reached alarming levels, the petitioner contended."If the integrity of electoral process is compromised then the notion of representation becomes vacuous," the plea said.Upadhyay has also prayed for directions to declare that promise/ distribution of irrational freebies from the public fund before election to lure voters is violative of Articles 14, 162, 266(3) and 282 of the Constitution and analogous to the 'bribery and undue influence' under Sections 171B and 171C of the IPC.The petitioner also prayed for directions to ECI to insert an additional condition in Paras 6A, 6B and 6C of the Election Symbols Order 1968 mandating that “political party shall not promise/distribute irrational freebies from the public fund before election”.Senior Counsel Vikas Singh, representing the petitioner said that there are States which have debt burden of ₹3 lakh per person and yet freebies were being offered. "EC framed guidelines without any teeth. Every party is doing it. Who will pay the money. Look at Punjab," he said. "Why are you naming one State," the CJI asked.The Bench however proceeded to issue notice and listed the case for further hearing after 4 weeks.,.[Read Order]

Canvassing votes by promising freebies a serious issue: Supreme Court notice to Centre, Election Commission

Debayan Roy

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