LawChakra

Election Freebies Distribution in India: Impact on Democracy and Legal Perspectives

A government “by the people and of the people” should naturally provide ideal governance “for the people.” However, this is often far from reality. A fundamental issue with democracy is that voters do not always make rational or fully informed decisions. Political decision-making tends to be influenced by preconceived notions and a preference for instant gratification, which keeps many democracies focused on short-term growth. Consequently, the distribution of freebies undermines the integrity of elections, while negative campaigning by candidates significantly impacts voters’ perceptions and choices.

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Election Freebies Distribution in India: Impact on Democracy and Legal Perspectives
Election Freebies Distribution in India: Impact on Democracy and Legal Perspectives

India, the world’s largest democracy, holds a unique place in the global political landscape. The journey of democracy in India began with the first general elections held over four months in 1951-1952.

Despite the ideals of a government “by the people and for the people,” practical challenges have emerged, particularly concerning the distribution of election freebies. These practices raise questions about the integrity and efficacy of democratic processes in India.

Election Freebies and Their Impact on Voters

Election freebies have become deeply ingrained in the democratic fabric of India. Political parties often resort to distributing cash, bribes, free rice, saris, or loan waivers to lure voters. This trend, which has intensified over time, undermines the sanctity of elections and promotes short-term gratification over informed decision-making.

As a result, the specter of corruption looms large over the electoral process, potentially distorting voter behavior.

The Oxford dictionary defines a ‘manifesto’ as a public declaration of policy and aims, especially one issued before an election by a political party or candidate.

Political manifestos, once detailed documents outlining calculated policies and tangible promises, have now become tools for competitive populism. Parties now use manifestos to outdo each other with promises of freebies, undermining their original purpose of presenting a clear vision for governance.

Abuse of Election Manifestos

Recent trends show a disturbing shift in the use of election manifestos. In Tamil Nadu, for example, the state government initiated schemes like subsidized food through ‘Amma canteens’ just before the 2016 elections.

This blatant misuse of manifestos reflects a broader pattern where political parties use these documents to legalize and legitimize their ulterior motives. The promises made often cater to short-term voter interests rather than long-term development goals.

A significant case highlighting this issue is Subramaniam Balaji v. State of Tamil Nadu. Here, the Supreme Court examined the legality of promising freebies in election manifestos. DMK and AIADMK, the two major political parties, promised items like color TV sets, fans, mixer grinders, and laptops during their election campaigns.

The court concluded that such promises do not constitute corrupt practices under Section 123 of the Representation of the People Act, 1951. However, it acknowledged that these practices significantly influence the electorate and undermine free and fair elections.

Critical Analysis and Judicial Perspective

Despite the Supreme Court ruling in favor of the State of Tamil Nadu, stating that promises made in election manifestos cannot be considered corrupt practices, the court directed the Election Commission (EC) to frame guidelines regulating the content of manifestos.

The EC’s new guidelines aim to prevent promises that vitiate the purity of elections or exert undue influence on voters.

However, these guidelines have been criticized for being too broad and lacking enforceability.

The Model Code of Conduct (MCC), which governs the conduct of political parties during elections, is not legally binding. While the Standing Committee on Personnel, Public Grievances, Law and Justice has recommended making the MCC legally binding, the EC opposes this, arguing that legal status would render the MCC ineffective due to the lengthy judicial process.

Distribution of Freebies: A Threat to Democracy

The distribution of election freebies has become a widespread practice, raising questions about its impact on society. Freebies, ranging from gold coins to electronic gadgets, are distributed under the guise of social welfare.

While proponents argue that these schemes uplift the poor and needy, critics highlight the adverse effects on state finances and long-term development.

For instance, in Tamil Nadu, the cost of freebie schemes has strained the state’s budget, diverting funds from essential services like healthcare and education.

According to a report by the Reserve Bank of India, Tamil Nadu’s spending on healthcare and education has been below the national average, highlighting the misplaced priorities of such schemes.

The Illusion of Short-Term Gains

The practice of distributing election freebies in India has grown exponentially, becoming a critical element of electoral strategy for many political parties.

While these freebies can provide immediate benefits to voters, they often mask deeper systemic issues that require long-term solutions.

The allure of instant gratification through items like electronic gadgets, cash handouts, and other goods can cloud voters’ judgment, leading them to prioritize short-term gains over sustainable development and good governance.

Undermining Democratic Integrity

One of the core issues with election freebies is their potential to undermine the integrity of the democratic process. When political parties promise and distribute these freebies, they shift the focus away from substantive policy debates and governance issues.

This practice reduces elections to a mere transaction where votes are exchanged for material goods, diluting the very essence of democracy which is built on informed and rational decision-making.

Economic Implications

The economic implications of widespread freebie distribution are significant. Allocating substantial portions of the state budget to fund these schemes can divert resources from essential services like healthcare, education, and infrastructure development.

In states like Tamil Nadu, the financial burden of freebie schemes has strained public finances, leading to increased debt and reduced investment in critical areas.

This misallocation of resources can hinder long-term economic growth and development, ultimately harming the very people these schemes are supposed to help.

Legal and Ethical Concerns

The legal framework surrounding election freebies remains ambiguous. The Supreme Court’s ruling in Subramaniam Balaji v. State of Tamil Nadu highlights the challenges in categorizing these promises as corrupt practices under existing laws.

While the court acknowledged the negative impact of freebies on free and fair elections, it stopped short of declaring them illegal.

This gap in the legal framework allows political parties to continue using freebies as a tool for electoral gain, raising ethical concerns about the manipulation of voter preferences through material incentives.

Election Freebies Distribution in India: Impact on Democracy and Legal Perspectives

Proposed Reforms and Recommendations

To address the misuse of election freebies and ensure fair elections, several reforms are suggested:

Conclusion

The distribution of election freebies poses a significant threat to the integrity of India’s democratic process. While aimed at social welfare, these practices often result in short-term gains at the expense of long-term development. Reforms are necessary to ensure that election promises are realistic, achievable, and aligned with the broader goals of governance and public welfare.

As Ronald Reagan aptly said,

“We should measure welfare success by how many people leave welfare, not by how many are added.”

By implementing these reforms, India can move towards a more transparent, accountable, and effective democratic system, ensuring that the true spirit of democracy is upheld.

While election freebies can provide temporary relief and benefits, they pose significant challenges to the democratic process, economic stability, and ethical governance in India. Comprehensive reforms, enhanced voter education, and stricter accountability measures are essential to ensure that elections focus on substantive issues and long-term development goals.

By addressing these challenges, India can strengthen its democratic foundations and promote a more informed, engaged, and responsible electorate.

Click Here to Read Previous Reports on Election Freebies

Views expressed in this article are the author’s own.

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