Legality of Pre-Election freebies by political parties: SC to decide

Legality of Pre-Election freebies by political parties: SC to decide

In a significant development, the Supreme Court of India has agreed to examine the legality of political parties promising pre-election freebies to voters. A bench comprising Chief Justice D Y Chandrachud, Justices JB Pardiwala and Manoj Misra entertained the plea, emphasizing the need for adjudication on the matter.

The matter had been previously heard by a bench headed by CJI UU Lalit, now retired, on November 1, 2022. During that session, the court directed that the Public Interest Litigations (PILs) challenging the practice of pre-election promises be heard by a three-judge bench. Senior advocate Vijay Hansaria, representing one of the PIL petitioners, asserted that the cases were part-heard and required a resolution.

Several PILs, including one filed by advocate Ashwini Upadhyay, have challenged the electoral promises made by political parties during polls. The petitions not only oppose the practice of offering pre-election freebies but also call for the Election Commission to use its powers to freeze the election symbols of these parties and cancel their registrations. The objective is to ensure that the practice of promising pre-election freebies is eradicated from the political landscape.

In response to the plea, Chief Justice D Y Chandrachud stated, "We will see it," indicating the court's willingness to delve into the matter. The decision reflects the court's commitment to addressing the concerns raised by the PILs and evaluating the legality of political parties making promises of handouts during election campaigns.

 

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