SC urged to hear PIL against promise, distribution of freebies by political parties 

The Supreme Court was urged to hear a PIL seeking action against political parties promising or distributing "irrational freebies" before elections. The plea seeks symbol seizure, deregistration, or legal measures, arguing such practices affect fair elections and misuse public funds

New Delhi: The Supreme Court on Friday was urged to list for hearing a PIL seeking direction to seize the symbol or deregister a political party that promises or distributes “irrational freebies” before polls.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was told by lawyer-petitioner Ashwini Upadhyay that the notices on his PIL were issued to the Centre and the Election Commission in 2022 itself, and urged it to list the matter soon.

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He said the plea was earlier mentioned for urgent hearing on February 5 and the court had then agreed to hear the PIL in March.

“We are flooded with cases now. This matter can wait,” the CJI said.

“This matter needs to be heard. A committee has to be formed. Both sides had agreed to it,” the lawyer said.

Senior advocate Kapil Sibal supported Upadhyay in his bid to seek an early hearing on the PIL.

On January 25, 2022, a bench headed by the then Chief Justice N V Ramana had sought replies from the Centre and the Election Commission on the PIL seeking direction to seize the symbol or deregister a political party that promises or distributes “irrational freebies” before polls.

The bench had termed it a “serious issue” and said sometimes “freebie budget is going beyond regular budget”.

The plea 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.

The petition filed through advocate Ashwani Kumar Dubey has, as an alternative, sought a direction to the Centre to enact a law in this regard.

“Petitioner submits that 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,” the plea submitted.

“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 submitted.

The petition has also sought a direction to the ECI 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 (equality before law).

The plea has referred to the promises being made by certain political parties ahead of the Assembly poll in some states.

The fulcrum of democracy is the electoral process, and the distribution of money and the promise of freebies have reached alarming levels with elections being countermanded several times, it submitted.

“Petitioner submits that arbitrary promises of irrational freebies violate the ECI’s mandate for free and fair elections and distributing private goods-services, which are not for public purposes, from public funds clearly violate Articles 14, 162, 266(3) and 282 of the Constitution,” it said.