Today, On 14th October, The Supreme Court issued a notice to the Election Commission and the Modi government regarding a petition seeking to classify pre-poll promises and freebies offered by political parties as acts of bribery. A bench led by Chief Justice D Y Chandrachud, along with Justices J B Pardiwala and Manoj Misra, hearing the case. The petition filed by Shashank J Sreedhara, a Bengaluru resident, and has been tagged with a similar plea by advocate Ashwini Kumar Upadhyay and another petitioner.
New Delhi: The Supreme Court on Monday issued a notice to the Election Commission and the Union government in response to a new plea seeking to classify pre-poll freebies, including cash offered by political parties before Assembly and Parliament elections, as acts of bribery or inducement under the Representation of People Act, 1951.
A bench comprising Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, consolidated this petition, filed by Bengaluru resident Shashank J Sreedhara, with an earlier plea by advocate Ashwini Kumar Upadhyay and another related case.
Advocate Balaji Srinivasan, representing the petitioner, argued that “there can’t be a free lunch” and called for a curb on such practices.
The petition, drafted by advocate Vishwaditya Sharma and filed by Srinivasan, also urged the Election Commission to take swift and effective measures to prevent political parties from offering freebies in the lead-up to elections.
The petition argued that political parties making promises of monetary gain are acting against the Constitution and engaging in corrupt practices under the Representation of People Act (RPA), 1951.
It stated,
“The unregulated promise of freebies places a heavy and unaccounted financial strain on the public exchequer. Furthermore, there is no mechanism to ensure the fulfillment of pre-poll promises that were used to secure votes,”
The plea emphasized that political parties often announce these promises without disclosing how they will be funded.
The petition claimed,
“This lack of transparency either results in a failure to fulfill such promises, thereby committing fraud on the electorate, or leads to the introduction of populist schemes aimed at garnering future votes, which places an undue and disproportionate burden on public finances, thus committing fraud on the Constitution,”
It further contended that such practices undermine the principle of free and fair elections by creating an uneven playing field, where voters are swayed by the immediate promise of personal benefits rather than by the policies or governance records of the candidates. The petition referenced the Supreme Court’s decision in S. Subramaniam Balaji, arguing that the exclusion of political parties from the ambit of Section 123 of the RPA defeats the purpose of the law.
The petition noted,
“If this interpretation is correct, a candidate could evade RPA provisions by engaging in corrupt practices indirectly through an association of persons. It becomes irrelevant whether the candidate is a member of the said association,”
It added that Section 123 of the RPA defines bribery as a “gift, offer, or promise” by a candidate, their agent, or any other person to induce a vote in elections.
The plea also stressed that after an election, the electorate holds the elected candidate accountable for promises made by the party, implying there is no real distinction between the party and its candidate under the RPA. A narrow interpretation of the RPA, it argued, would render both the law and judicial evolution of the electoral process ineffective.
It further criticized the Model Code of Conduct (MCC), introduced in 2014, for being ineffective in curbing pre-poll freebies.
The petition claimed,
“The MCC is not legally enforceable, and violations do not carry stringent penalties. As a result, political parties continue to exploit its loopholes, making extravagant promises without accountability, thereby undermining the integrity of the electoral process,”
The petitioner highlighted case studies from the 2023 Karnataka Assembly elections and the upcoming 2024 Lok Sabha elections. In Karnataka, political parties promised free goods such as televisions and laptops, along with direct cash benefits. During the Lok Sabha campaign, the Indian National Congress introduced a “Guarantee Card,” offering promises aimed more at “buying electoral support than genuine social welfare.”
The petition described these tactics as calculated efforts to manipulate public expectations and purchase votes.
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