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Synopsis

While taking note of the recent trend of political parties announcing freebies just before elections, the Supreme Court of India on Tuesday strongly criticised the freebie culture prevailing in the country.

The bench led by Justice B.R Gavai remarked that due to this practice, people are not willing to work as they get free rations and money.

"Unfortunately, because of these freebies people are not willing to work. They are getting free rations, amounts without doing any work," he added.

 The Top Court's bench, also comprising Justice Augustine George Masih made these these observations while dealing with a case relating to the right to shelter for homeless persons in urban areas.

During the proceedings, Justice Gavai said that homeless persons must be integrated into society so that they can contribute to the growth of the country.

While referring to the Ladli Bahin Yojana introduced by the Maharashtra government, Justice Gavai pointed out that people are not willing to work.

It may be noted that the Ladli Behna Yojana was introduced by the Maharashtra government to provide financial assistance to women. Under this scheme, the government deposits Rs 1,500 per month into the bank accounts of beneficiary women.

However, Advocate Prashant Bhushan, appearing for the petitioners, argued that there is no one in the country who doesn't want to work provided they have some opportunity.

Hearing this, Justice Gavai said, "You must have only one-sided knowledge." Reflecting on his personal experience, he said, "I come from an agricultural family. Due to the freebies announced in Maharashtra ahead of elections, agriculturists struggle to find labourers."

Appearing on behalf of the centre, Attorney General R Venkataramani, informed the court that the central government is in the process of finalizing the mission of urban poverty alleviation. He said that this initiative will address multiple issues including including providing shelter to the homeless in urban areas, 

Accordingly, the bench asked the Attorney General to furnish information from all states so that the issue could be addressed on a pan-India basis.

On 3 August 2022, a PIL was filed by Advocate Ashwini Kumar Upadhyay alleging that the declaration of distribution of irrational freebies from public funds before elections unduly influences the voters, shakes the roots of free-fair election, disturbs level playing field, vitiates the purity of election process and also violates Articles 14, 162, 266(3) and 282 of the Constitution.

Appearing for Union of India, Solicitor General Tushar Mehta argued before the Top Court that freebies distort the informed decision-making of voters.

In view of this, the court had said that there should be some deliberation between all the stakeholders involved. It was, thus, ordered that stakeholders such as RBI, NITI Aayog, opposition parties and those who are for and against freebies should be involved in this process of engaging in constructive brainstorming and suggest to the court about the formation of a body, which can be constituted by the court to examine the issue. 

The Supreme Court issued notice in the plea in January 2022. 

Case Title: E.R. Kumar v. Union of India