Supreme Court Seeks Response from Centre, Election Commission on Plea Against Freebies Promised During Elections

Keywords: Election Freebies, Supreme Court, Political Parties, Election Commission, Public Exchequer, Constitutional Violation, Pre-Election Promises,

Supreme Court Seeks Response on Plea to Regulate Freebies Promised by Political Parties During Elections

The Supreme Court of India has issued notices to the Central Government and the Election Commission of India (ECI) on a petition challenging the practice of political parties making promises of freebies during election campaigns. A bench led by Chief Justice of India D Y Chandrachud, along with Justices J B Pardiwala and Manoj Misra, is hearing the matter, which raises questions about the legality and ethical implications of offering free benefits to voters.

The fresh plea, filed by Bengaluru resident Shashank J Sreedhara and represented by Advocate Srinivasan, calls for the court to direct the Election Commission to take proactive steps to curtail this practice. The petition argues that the unregulated promise of freebies places a substantial financial burden on the public exchequer and lacks accountability regarding whether these promises are fulfilled after elections.

Constitutional and Democratic Concerns

The petitioner contends that promising freebies during election campaigns undermines democratic values and violates the spirit of the Constitution. It equates this practice to bribing voters with public funds in order to gain electoral advantage, which compromises the purity of the electoral process and disturbs the level playing field. The plea further asserts that offering irrational freebies is a violation of Article 14 of the Constitution, which guarantees equality before the law.

This issue has already garnered attention in multiple ongoing cases, including a plea filed by Advocate Ashwini Upadhyay, which has also called for a total ban on offering populist measures to sway voters. Upadhyay’s petition asserts that such promises distort electoral outcomes and violate the principles of free and fair elections. His plea emphasizes the need for the Election Commission to adopt deterrent measures to prevent political parties from using public funds for electoral gain.

Financial Burden on the Exchequer

The practice of promising free goods and services—such as electricity, water, consumer goods, and cash handouts—has become increasingly common in Indian elections. The petitioner highlights the adverse impact of this trend on the public exchequer, which ultimately bears the financial burden of fulfilling these promises. In many cases, there is no mechanism in place to ensure that these commitments are actually delivered post-election, leading to concerns over fiscal responsibility.

The petition seeks a judicial directive requiring the Election Commission to introduce new conditions under the Election Symbols (Reservation & Allotment) Order 1968. Specifically, the petition proposes adding a clause prohibiting political parties from promising or distributing irrational freebies funded by public money before elections. This move aims to prevent political parties from misusing public funds to win votes, ensuring greater transparency and accountability in electoral campaigns.

A Widespread Issue

The Supreme Court has tagged this petition with other similar cases that question the legality of pre-election promises by political parties. The practice of promising freebies has long been a contentious issue in Indian politics, with several stakeholders, including policymakers and constitutional experts, expressing concerns over its effect on democracy. Critics argue that these promises amount to fiscal irresponsibility and shift the focus away from addressing pressing governance issues such as infrastructure development, healthcare, and education.

The plea calls on the judiciary to set clear guidelines and impose legal restrictions on what political parties can offer during elections. It suggests that pre-poll promises of goods or services that do not serve public purposes should be declared unconstitutional, as they unfairly influence voters and corrupt the electoral process.

Future Implications

The outcome of this case could have far-reaching consequences for electoral campaigns in India, particularly in curbing the growing trend of using public funds to gain political mileage. If the Supreme Court agrees with the petitioner’s arguments, it could direct the Election Commission to impose stricter controls on the pre-election promises made by political parties, ensuring a more transparent and equitable electoral process.

With multiple pleas challenging the practice of promising freebies now before the apex court, this issue has the potential to reshape the landscape of Indian elections. The next hearing in this case, expected soon, will be critical in determining how the judiciary navigates the balance between political freedom and the need to preserve the integrity of the democratic process.

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