The Supreme Court of India, on December 8, 2023, dismissed a Public Interest Litigation (PIL) that sought to impose limits on election-related expenditures by political parties and candidates. The bench, led by Chief Justice D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra, ruled that these issues fall under legislative policy and are beyond the scope of judicial intervention.
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The PIL, filed by a Haryana-based individual, Ramesh Kumar Khatri, aimed at introducing several directives, including the calculation and fixing of expense limits for political parties and candidates, restrictions on pre-nomination printed and posted articles, and the calculation of expenses for rallies during the filing of nominations. Additionally, the petitioner sought to expedite the disposal of election petitions by High Courts within six months, as mandated by Section 86(7) of the Representation of the People Act, 1951. The petitioner contended that High Courts often do not decide on such matters even after 3-4 years.
Chief Justice Chandrachud, addressing the petition, remarked,
“Either these are legislative changes or policy matters. How can we entertain a petition like this?”
He further emphasized the court’s limitations in influencing legislative matters, stating,
“We can’t command the Parliament that you enact a law on this subject.”
The bench, echoing the Chief Justice’s observations, reiterated that these issues are matters of legislative policy. The petitioner’s argument that there is no limit on the expenditure by political parties was met with the response that such a change would require legislative action. The Chief Justice clarified,
“That is a matter of legislative change.”
In conclusion, the Supreme Court bench dismissed the PIL, categorically stating,
“Dismissed. These are all matters of policy.”
This decision underscores the judiciary’s stance on maintaining a clear demarcation between judicial responsibilities and legislative policies, particularly in the context of electoral regulations and political party expenditures.