NEW DELHI: The Supreme Court on Tuesday sought responses from the Centre and the Election Commission (EC) on a petition challenging the practice of political parties promising freebies during election campaigns.
A bench led by Chief Justice D Y Chandrachud, along with Justices J B Pardiwala and Manoj Misra, issued notices to the government and the poll panel regarding a petition filed by Bengaluru resident Shashank J Sreedhara.
The petition, submitted by advocate Srinivasan, calls for the EC to take steps to prevent political parties from offering freebies during the pre-election period. It argues that the unregulated promise of freebies imposes a financial burden on the public exchequer and lacks any mechanism to ensure that pre-election promises are fulfilled after votes are secured. This petition has been linked with other similar pleas.
The Supreme Court agreed to hear petitions opposing the promise of election freebies after senior advocate Vijay Hansaria, representing lawyer and public interest litigant Ashwini Upadhyay, called for an urgent hearing.
Upadhyay’s plea calls for a total ban on populist measures used to gain political favor, arguing that such promises violate the Constitution. It also requests the EC to implement deterrent measures to curb this practice. According to the plea, offering irrational freebies before elections unfairly influences voters, disrupts a level playing field, and compromises the integrity of the electoral process.
The petition further contends that the trend of political parties offering freebies with electoral gains in mind poses a threat to democratic values and undermines the spirit of the Constitution. It equates this practice with bribery, arguing that it is used to retain power at the expense of the public exchequer, which could harm democratic principles.
The petition also seeks a directive for the EC to amend the Election Symbols (Reservation and Allotment) Order 1968, adding a condition that prohibits political parties from promising or distributing irrational freebies from public funds during the election period. Additionally, it asks the court to declare that the promise or distribution of private goods or services not intended for public purposes violates several articles of the Constitution, including Article 14.