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Synopsis

Another application of intervention has been filed by the General Secretary, M.P Mahila Congress, Dr. Jaya Thakur before the Supreme Court in the plea seeking de-registration of political parties promising ‘Irrational Freebies’ for voters from public funds.

The Application states that Thakur has a strong faith in democracy, and according to our Constitutional Doctrine, ruling parties are duty bound to frame policies for the welfare and upliftment of the weaker sections, so they are rightly giving subsidies and cannot be called freebies.

It further states that the motto of our Constitution is to establish India as a “democratic nation” and our Constitution does not define the term democracy. "Democracy, as opposed to aristocracy, refers to governments in which the sovereign powers are exercised by all or a large number of the people, or more specifically, in modern usage, to a representative government in which there is equality of rights without hereditary or arbitrary differences in rank or privilege", it reads.

In the application, Thakur refers to the definition of the word “Democracy” stated in the Black’s Law Dictionary 4th addition as “that form of government in which the sovereign power resides in and is exercised by the whole body of free citizens, as distinguished from a monarchy, aristocracy, or oligarchy.”

She further refers to the Oxford English Dictionary’s meaning of the word “Democracy” as “a system of government by all the people of the country usually through representatives whom they elect, thought of as allowing freedom of speech religion and political opinion.”

Furthermore, the application states that political parties are correctly providing subsidies and concessions to our citizens because they are ultimately fulfilling their constitutional mandate, which is required for our country's democratic structure.

Moreover, the application claims that the present petition is against the directive principle of the Constitution. Therefore, the application seeks to pass appropriate orders in light of facts and circumstances.

Recently, the Aam Aadmi Party (AAP) filed an application of intervention contending that the present Public Interest Litigation (PIL) is a “non-partisan litigation” and also alleged petitioner Ashwini Upadhyay’s strong ties to the ruling Bharatiya Janata Party (BJP).

On August 3, 2022, Appearing for Union of India in the PIL, Solicitor General Tushar Mehta argued before the Top Court that freebies distort the informed decision-making of voters. The Supreme Court issued a notice in the plea in January 2022.

Case Title: Ashwini Kumar Upadhyay v. Union of India & Anr.