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ANALYSIS | Freebies And Elections In India | ‘Creating A Class Of Parasites’: Justice Gavai

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The Supreme Court of India raised concerns over the growing trend of political parties announcing “freebies” ahead of elections, questioning whether such policies are fostering a culture of dependency rather than empowering citizens to contribute to national development. A bench comprising Justice B.R. Gavai and Justice Augustine George Masih observed that instead of integrating people into the mainstream economy, these handouts might be discouraging individuals from actively participating in the workforce.

ANALYSIS | Freebies And Elections In India | 'Creating A Class Of Parasites': Justice Gavai

NEW DELHI : The Supreme Court of India raised concerns over the growing trend of political parties announcing “freebies” ahead of elections, questioning whether such policies are fostering a culture of dependency rather than empowering citizens to contribute to national development.

A bench comprising Justice B.R. Gavai and Justice Augustine George Masih observed that instead of integrating people into the mainstream economy, these handouts might be discouraging individuals from actively participating in the workforce.

During the hearing of a case concerning the right to shelter for urban homeless populations, the bench critically examined the practice of distributing free benefits just before elections.

Justice Gavai remarked,

“Rather than promoting them to be a part of the mainstream of society by contributing to the development of the nation, are we not creating a class of parasites?”

He further noted that certain welfare schemes, such as “Ladki Bahin” and others introduced close to elections, might be deterring individuals from seeking employment.

Expanding on this concern, Justice Gavai pointed to his own experiences in Maharashtra, stating that the

Prevalence of election-driven welfare measures had led to a noticeable decline in the availability of agricultural laborers

He suggested that such short-term incentives, though well-intended, might have unintended consequences on the labor market.

Despite the Court’s reservations about excessive reliance on state-sponsored benefits, it acknowledged the need for a well-balanced approach to social welfare. The bench stressed that

Addressing homelessness and poverty required serious attention but should be structured in a way that encourages self-sufficiency rather than dependency.”

The Attorney General of India, R. Venkataramani, informed the Court that

The central government was in the process of finalizing a comprehensive Urban Poverty Alleviation Mission, which would address various aspects of homelessness, including shelter provisions.

The Court directed him to ascertain a timeframe for implementing this mission and sought details regarding the scheme’s scope.

Additionally, the Court instructed the

Central government to continue the National Urban Livelihoods Mission until the new policy was operational.

It also asked the Centre to gather and present state-wise data on the status of homelessness, available shelters, and accommodation capacities.

During the proceedings, one of the petitioners raised concerns about the inadequate prioritization of homelessness, alleging that authorities displayed greater compassion towards the wealthy than towards the underprivileged. However, this assertion drew a sharp response from the bench.

Justice Gavai cautioned against turning courtroom discussions into political debates, stating,

“Don’t make a speech as if this is Ramlila Maidan. Don’t make unnecessary allegations. This courtroom is not a platform for political battles.”

The Court also rejected the notion that the government was indifferent to the plight of the poor, emphasizing that policy decisions should be viewed objectively rather than through a lens of political rhetoric.

Senior advocate Prashant Bhushan, representing one of the petitioners, highlighted the mismatch between the available shelter capacity and the actual number of homeless individuals in urban areas. He presented figures indicating that as of December 4, 2024, a total of 2,557 shelters had been sanctioned across states and union territories, with 1,995 operational shelters capable of housing 1.16 lakh individuals.

However, Bhushan pointed out that this was grossly inadequate, citing a survey that estimated nearly 3 lakh urban homeless individuals in Delhi alone. He also referenced data from the Delhi Urban Shelter Improvement Board (DUSIB), which revealed that while 197 shelters were operational in the capital with a total capacity of 17,000 individuals, the actual maximum occupancy over the past four years had been only around 5,500 people.

To ensure accuracy, the Supreme Court directed the Attorney General to verify these statistics with the relevant ministry and submit an updated status report.

The Court scheduled the matter for further hearing in six weeks, during which it expects the government to provide a detailed response regarding the proposed Urban Poverty Alleviation Mission and clarify interim measures to support the homeless population.

This case highlights a crucial debate on the role of state welfare schemes in economic inclusion. While free benefits can provide immediate relief to vulnerable sections of society, an over-reliance on such measures could potentially discourage workforce participation. The Supreme Court’s observations bring attention to the need for policy frameworks that strike a balance between social welfare and economic sustainability, ensuring that assistance programs empower citizens rather than foster long-term dependency.

FreebiesWelfare Policies
Defined by the RBI in its 2022 report as “public welfare measures provided free of charge.”Comprehensive programs aimed at improving the quality of life and ensuring resource accessibility for target populations.
Primarily offer short-term relief.Focus on long-term societal development and economic stability.
Include items such as free laptops, TVs, bicycles, electricity, and water, often used as electoral incentives.Aligned with Directive Principles of State Policy (DPSPs), promoting social justice and equity.
Often criticized for fostering dependency rather than sustainable growth.Designed to create lasting positive impacts on human development.
Examples: Free electricity, direct cash transfers before elections.Examples: Public Distribution System (PDS), MGNREGA, Mid-Day Meal (MDM) programs.

The Public Interest Litigation (PIL) in E.R. Kumar & Anr. v. Union of India & Ors. brings critical judicial scrutiny to the rising trend of electoral freebies, questioning their long-term impact on governance, economic stability, and democratic integrity.

By highlighting concerns over financial sustainability, voter manipulation, and potential dependency, the case urges policymakers to establish clear distinctions between essential welfare schemes and populist handouts.

If the Supreme Court sets guidelines or directs regulatory measures, it could lead to greater fiscal accountability, responsible policymaking, and a shift towards long-term development-oriented welfare programs, ultimately redefining the role of government spending in India’s electoral landscape.

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