Manas Dasgupta
NEW DELHI, Mar 20: Acknowledging the importance and immediacy of the case, the Supreme Court on Wednesday agreed to list for hearing on Thursday a Public Interest Litigation seeking to bar the practice of political parties promising freebies during elections.
The PIL also seeks a direction to the Election Commission of India to invoke its powers to freeze the election symbols and cancel the registration of such political parties found offering freebies to attract the voters. “This is important. We will keep this on board tomorrow,” the bench, comprising Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra, said on Wednesday.
Coming just ahead of the seven-phase Lok Sabha elections beginning from April 19, the outcome of the PIL could have significant impact on the election manifesto and the election addresses of the political parties and leaders.
The apex court took note of the submissions of senior advocate Vijay Hansaria, appearing for lawyer and PIL petitioner Ashwini Upadhyay, that the plea needs to be heard before the Lok Sabha polls. The plea said there should be a total ban on populist measures to gain undue political favour from voters as they violate the Constitution, and the EC should take suitable deterrent measures.
It also urged the court to declare that the promise of irrational freebies from public funds before elections unduly influences the voters, disturbs the level playing field and vitiates the purity of the poll process. “Petitioner submits that the recent trend of political parties to influence voters by offering freebies with an eye on elections is not only the greatest threat to the survival of democratic values but also injures the spirit of the Constitution,” said the plea.
Asking for a total ban, the plea mentions that through populist measures, the political parties are able to gain undue political favour from voters which poses “threat to the survival of democratic values.” Expressing concern that irrational freebie promises disturb the level playing field and vitiate the sanctity of the election process, plea says that it “injures the spirit of the Constitution.”
“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,” it said.
The petition sought a direction to the EC to insert an additional condition in the relevant paragraphs of the Election Symbols (Reservation and Allotment) Order 1968, which deals with conditions for recognition as a state party, that a “political party shall not promise/distribute irrational freebies from the public fund before the election.”
The petitioner has urged the apex court to declare that the promise or distribution of private goods or services, which are not for public purposes from public funds, before the elections violates several articles of the Constitution, including Article 14.
There are eight recognised national political parties and 56 state-level recognised parties. The total number of registered unrecognised political parties in the country is around 2,800.
The nomination process for 102 parliamentary constituencies spread across 21 states and Union territories going to polls in the first phase on April 19 began on Wednesday with the issuance of a notification.
