The Supreme Court has sought responses from the Central Government and the Election Commission of India (ECI) on a fresh plea challenging the practice of political parties offering freebies during election campaigns.
A bench led by Chief Justice of India D Y Chandrachud, alongside Justices J B Pardiwala and Manoj Misra, issued notices to the Union of India and the ECI on a petition filed by Bengaluru resident Shashank J Sreedhara. The petition, drafted by advocate Srinivasan, requests the Election Commission to take concrete steps to prevent political parties from making unregulated promises of freebies before elections, as these promises impose a substantial and unaccounted financial burden on the public exchequer.
The petition further argued that there is no mechanism in place to ensure that political parties fulfill such pre-election promises, and emphasized that the practice distorts the level playing field in elections. The plea highlighted the need for greater accountability in campaign promises, especially those involving the distribution of goods or services that are not aligned with public welfare.
The case was tagged with similar pleas already pending before the apex court, including a petition filed by lawyer and public interest litigant Ashwini Upadhyay. Upadhyay's petition seeks a complete ban on the distribution of irrational freebies as a means to secure electoral favor, contending that such populist measures violate the Constitution by unfairly influencing voters.
The plea asserts that these practices distort the democratic process, disturb the level playing field, and compromise the purity of elections. It also argued that the Election Commission should impose deterrent measures against political parties that indulge in such unethical practices, calling for the promise of irrational freebies to be recognized as a form of bribery.
Upadhyay's petition further urged the court to declare that promises of private goods or services from public funds, made without consideration for broader public welfare, violate several provisions of the Constitution, including Article 14 (equality before law) and the broader principles of democracy. The petitioner compared the practice of promising irrational freebies to bribing the electorate, warning that such actions jeopardize the survival of democratic values.
Additionally, the petition seeks a directive for the Election Commission to amend the Election Symbols (Reservation & Allotment) Order, 1968, by inserting an additional condition that would prevent political parties from promising or distributing irrational freebies.
The petitioner argued that such an amendment would enhance electoral integrity and safeguard the democratic process, ensuring that elections are not influenced by promises that undermine the responsible use of public funds. The Supreme Court's intervention is seen as critical in addressing this growing trend, which, the petitioners argue, threatens to erode democratic principles and responsible governance
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