SC Takes Stand Against Election Freebies, Issues Notices to ECI & Centre

The Supreme Court of India on Tuesday has issued notices to the Centre and the Election Commission of India (ECI) regarding a petition that seeks to classify the promise of freebies by political parties during election campaigns as an act of bribery.

The plea also calls for immediate measures from the ECI to curb such promises.

A bench comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra has requested a response from the Union of India and the ECI following a petition filed by Bengaluru resident Shashank J. Sreedhara, represented by advocate Srinivasan.

The petition emphasizes the need for effective actions to restrain political parties from making pre-election promises of freebies.

The plea argues that "the unregulated promise of freebies imposes a significant and unaccounted financial burden on the public exchequer." It points out the lack of mechanisms to ensure the fulfillment of these pre-poll promises, on which votes are often secured.

The Supreme Court has tagged this matter alongside other pleas concerning the same issue. The court had previously agreed to hear appeals against the practice of political parties offering freebies, following a request from senior advocate Vijay Hansaria, representing PIL petitioner Ashwini Upadhyay, for urgent consideration.

Upadhyay's plea advocates for a complete ban on populist measures aimed at gaining undue political favor, asserting that such practices violate constitutional principles.

The plea urges the ECI to implement appropriate deterrent measures, declaring that the promise of irrational freebies from public funds before elections unduly influences voters, disrupts the level playing field, and vitiates the integrity of the electoral process.

The petition highlights that the trend of political parties offering freebies is not only a significant threat to the preservation of democratic values but also undermines the spirit of the Constitution.

It likens this unethical practice to bribing the electorate at the expense of the exchequer to maintain power, urging that it must be eradicated to uphold democratic principles.

Furthermore, the petitioner has requested the apex court to mandate the ECI to add a condition to the Election Symbols (Reservation and Allotment) Order of 1968, stipulating that "a political party shall not promise or distribute irrational freebies from public funds before the election."

The petition also asserts that the promise or distribution of private goods or services, which are not intended for public purposes and funded by public resources, before elections violates several constitutional articles, including Article 14, which guarantees equality before the law.

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