On issue of freebies, Supreme Court says it will not 'enter arena of de-registering political parties'

The issue of freebies announced by political parties during elections is a “serious issue”, the Supreme Court observed on Thursday, but made it clear that while it will examine the matter, it will not enter into the prayer to deregister parties for the same, Bar and Bench reported. 

A bench comprising CJI N V Ramana and Justice Krishna Murari said that entertaining such a request will go against principles of democracy and cannot be permitted. “I don’t want to enter the area of deregistering political party etc as it’s an undemocractic arena. We are a democracy after all,” the CJI remarked. 

“Nobody says it is not a issue. It is a serious issue. Those who are getting they want it and ours is a welfare state. Some may say that they are paying taxes and it has to be used for developmental process. So its a serious issue. So both side has to be heard by committee,” said Chief Justice of India N V Ramana. 

Solicitor General Tushar Mehta, representing the government, said that freebies by political parties need to be regulated and the Supreme Court can step in and law down something until the legislature frame a law in this regard. 

The top court was hearing a plea filed by lawyer Ashwini Upadhyay which opposes the practice of political parties promising freebies during elections and seeks the Election Commission to invoke its powers to freeze their election symbols and cancel their registration.

On Wednesday, the Election Commission told the Supreme Court that it welcomed the suggestion of setting up an expert panel to brainstorm the issue of freebies announced during elections, but it being a "constitutional authority", be not made part of it which may have some government bodies.

The poll panel also referred to the reported strong oral observations of the top court against it during the last hearing on the PIL on the issue, saying they have "caused irreparable damage to the reputation of this institution built over the years".

On August 3, the Supreme Court had asked stakeholders like the Centre, Niti Aayog, Finance Commission, and the RBI, to brainstorm on the "serious" issue of freebies and put forth "constructive suggestions" to tackle it. It also rapped the poll panel by saying that this situation had arisen since the poll body did not take a stand.  

The poll panel, which has been following the apex court judgement in letter and spirit and yet was portrayed in a light that made this institution appear "non-serious in tackling the menace of offering freebies", said the reply affidavit filed by Vinay Kumar Pandey, Director (Law) Election Commission.

It also referred to the apex court's 2013 order in which it had declined to interfere with the schemes under which goods like TVs, laptops, and mixers-grinders were given free of cost in Tamil Nadu by the government.

Earlier on July 26, too, the bench had termed as "serious" the promise of "irrational freebies" made by political parties during elections and wondered why the Centre was hesitant about taking a stand on the issue.

The top court had on January 25 sought replies from the Centre and the Election Commission on the PIL, filed by lawyer and BJP leader Ashwini Upadhyay, seeking direction to seize the symbol or deregister a political party that promises or distributes "irrational freebies" before polls, saying it is a "serious issue" as sometimes "freebie budget is going beyond regular budget".