The bench headed by Chief Justice of India (CJI) NV Ramana concurred with the view of the SG that it is a serious economic issue.
“Everybody feels the money paid as taxes is not paid for the purposes of developments etc and thus everyone should use an independent forum and court should not be that forum. Every political party benefits from the freebies I don’t want to name one,” the CJI said.
However, he added that views of all stakeholders including opposition parties, the Reserve Bank of India, Niti Aayog, Finance Commission, Law Commission and Election Commission will have to be taken into account before any order is passed.
“All stakeholders who want the freebies and (who are) opposing it, including RBI, Niti Aayog, opposition parties have to be involved in this process of making some constructive suggestion,” the bench stated.
Hence, it directed all parties to make suggestions about composition of a body which can be constituted by the Court to examine the issue.
The Court also asked Senior Counsel Kapil Sibal to give his suggestions.
In his plea, Upadhyay has argued that arbitrary promises of irrational freebies violate the ECI’s mandate of free and fair elections.
Distribution of money and promise of freebies has reached alarming levels, he has contended.
The plea cited the following examples from the Punjab Assembly elections held in February 2022:
1. Aam Aadmi Party promised ₹1,000 per month to every woman aged 18;
2. Shiromani Akali Dal (SAD) promised Rs. 2000 to each woman to lure them.
3. Thereafter Congress not only promised Rs. 2000 per month and 8 gas cylinders per year to every house wife but also promised a Scooty to every collage going girl, Rs. 20,000 after passing 12th class, Rs. 15,000 after passing 10th class, Rs. 10,000 after passing 8th class and Rs. 5000 after passing 5th
4. For UP Assembly elections, Congress promised a smartphone to every girl studying in Class 12, a Scooty to every girl pursuing graduation, free public transport for women, eight free gas cylinders per year to every housewife, free medical treatment up to Rs 10 lakh per family.
He has, thus, prayed for directions to declare that promise/distribution of irrational freebies from the public fund before election to lure voters is violative of Articles 14, 162, 266(3) and 282 of the Constitution and analogous to the ‘bribery and undue influence’ under Sections 171B and 171C of the Indian Penal Code 1860.
Upadhyay has also prayed for directions to ECI to insert an additional condition in Paras 6A, 6B and 6C of the Election Symbols Order 1968 mandating that “political party shall not promise/distribute irrational freebies from the public fund before election”.
The plea has also sought directions the ECI to seize election symbols from and to de-register political parties which promise/distribute irrational freebies using public funds.
The Court had issued notice in the matter in January this year, noting that canvassing votes through freebies was a “serious issue”.
During the hearing of the matter on July 26, the Court had sought the views of Senior Advocate Kapil Sibal considering his experience as a parliamentarian.
Sibal during today’s hearing said that the matter should not be referred to the Election Commission.
“This is an economic issue and the Election Commission has to be kept away. This is an economic and political issue. Do not refer it to Election Commission,” he said.
SG Mehta, however, opposed the same.
“I would not like to undermine the sanctity of the Election Commission of India. Suggestion of Mr Sibal is a suggestion for not solving the problem. this suggestion is a recipe to not solve the problem. Let us give our suggestions,” he submitted.
The Court opined that it is because the Election Commission did not act that the apex court is being forced to examine the issue.
The matter will be heard again on August 8.
Source: Barandbench
