Today, On 5th January, The Supreme Court agreed to list in March a PIL demanding strict action against political parties that offer or distribute what are termed irrational freebies before elections, seeking either seizure of their symbols or complete deregistration.
The Supreme Court agreed to schedule a hearing for March regarding a public interest litigation (PIL) that seeks to either seize the symbol or deregister political parties that promise or distribute “irrational freebies ahead of elections.”
Lawyer Ashwini Upadhyaya, the petitioner, informed a bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi that notices regarding his PIL were issued to the Centre and the Election Commission in 2022, urging for the matter to be addressed promptly.
ALSO READ: Freebies Over Compensation| SC Criticizes Maharashtra Government
He stated,
“Except Sun and Moon, everything is promised by political parties to voters during elections and this amounts to corrupt practice.”
The Chief Justice remarked,
“This is an important issue. You please remind us and mention it at the end. We will list in March,”
Earlier, On January 25, 2022, a bench under then Chief Justice N V Ramana had requested responses from the Centre and the Election Commission concerning the PIL, emphasizing the seriousness of the issue.
The bench noted that sometimes the budget for free giveaways exceeds the regular budget.
The plea argues that promises of “irrational freebies” funded by public resources before elections unduly influence voters, disrupt the level playing field, and compromise the integrity of the electoral process.
It suggests that the recent trend of political parties offering such incentives poses a significant threat to democratic values and undermines the spirit of the Constitution.
The petition contended,
“This unethical practice is just like giving bribes to the electorate at the cost of the exchequer to stay in power and must be avoided to preserve democratic principles and practices,”
Additionally, the petition requests the Election Commission of India (ECI) to amend the Election Symbols (Reservation and Allotment) Order of 1968 to include a stipulation that political parties must not promise or distribute irrational freebies from public funds prior to elections.
The petitioner asserts that distributing private goods or services, which do not serve public purposes and are funded by public resources, infringes on various constitutional articles, including Article 14 (equality before law).
The plea highlights the alarming extent of money distribution and promised freebies during elections, which has led to multiple elections being countermanded.
The petition states,
“Petitioner submits that arbitrary promises of irrational freebies violate the ECI’s mandate for free and fair elections and distributing private goods-services, which are not for public purposes, from public funds clearly violate Articles 14, 162, 266(3) and 282 of the Constitution.”