Supreme Court asks Central government to seek views of Finance Commission on preventing freebies by political parties

The Supreme Court on Tuesday asked the Central government to involve the Finance Commission on the issue of political parties inducing voters through freebies..A bench of Chief Justice of India NV Ramana and Justices Krishna Murari and Hima Kohli told Additional Solicitor General KM Nataraj, appearing for the Central government,"Mr Nataraj, please ask Finance Commission to look into this. We will list this next time. Please see how a debate can be initiated."The suggestion by the Court came after the Court sought the opinion of Senior Counsel Kapil Sibal who was present in court for another case. "Mr. Sibal is here as a senior parliamentarian. What is your view," the Court asked."Solution is difficult but the problem is very serious. When Finance Commission does allocations to various states, they should take this into account, that is the debt of states and then freebies. Centre cannot be expected to issue directions," Sibal said.This prompted the Court to involve the Finance Commission. .The Court was hearing a public interest litigation (PIL) petition filed by BJP spokesperson Ashwini Kumar Upadhyay seeking registration of criminal cases against political parties for inducing voters through freebies during elections..Appearing for the Election Commission of India (ECI), Advocate Amit Sharma told the Court that it was held in previous judgments that a manifesto was part of the promises of a political party. In response, CJI Ramana said,"We are on freebies to bribe the electorate. Now if you say it's hands off for you, then what is the purpose of Election Commission of India?"While Sharma suggested that the Central government could bring in a law to deal with the issue, ASG Nataraj said that it was in the domain of the ECI.However, CJI Ramana responded,"Then I will record that Government of India has nothing to say on this. Is it a serious issue on it? Why is the Centre hesitating to take a stand?".When the Court asked Upadhyay for suggestions to tackle the problem of freebies, he said,"I do not agree that ECI cannot do anything. ECI should debar state and national party from giving such things and no such promises can be given...As a citizen, I have the right to know this... in manifesto only the parties should say how much debt the state has.".The Court then sought the views of Senior Advocate Kapil Sibal who gave his opinion highlighting the role of Finance Commission..The Bench then called for the involvement of the Finance Commission and adjourned the hearing..In its affidavit filed in the matter in April, the Election Commission had told the Supreme Court that it has no power to de-register political parties that promise and distribute freebies to voters before and after elections."...barring political parties from promising/distributing freebies from public fund before election, as prayed above, may result in a situation where the parties will lose their recognition even before they display their electoral performance in elections," the affidavit stated.The Commission had also stated that giving out freebies using public funds before elections is a policy decision of a party. In this light, it was the Commission's stance that it cannot regulate state policies and decisions which may be taken by the winning party when they form the government..In his plea, Upadhyay has argued that arbitrary promises of irrational freebies violate the ECI's mandate of free and fair elections. Distribution of money and promise of freebies has reached alarming levels, he has contended.The plea cited the following examples from the Punjab Assembly elections held in February 2022:1. Aam Aadmi Party promised ₹1,000 per month to every woman aged 18;2. Shiromani Akali Dal (SAD) promised Rs. 2000 to each woman to lure them.3. Thereafter Congress not only promised Rs. 2000 per month and 8 gas cylinders per year to every house wife but also promised a Scooty to every collage going girl, Rs. 20,000 after passing 12th class, Rs. 15,000 after passing 10th class, Rs. 10,000 after passing 8th class and Rs. 5000 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 Rs 10 lakh per family.He has, thus, 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 Indian Penal Code 1860.Upadhyay has 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”.The plea has also sought directions the ECI to seize election symbols from and to de-register political parties which promise/distribute irrational freebies using public funds..The Court had issued notice in the matter in January this year, noting that canvassing votes through freebies was a "serious issue"..Canvassing votes by promising freebies a serious issue: Supreme Court notice to Centre, Election Commission.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.