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Synopsis

A Supreme Court Bench led by CJI U.U. Lalit, Justice Ajay Rastogi, and Justice Ravindra Bhat, due to paucity of time, adjourns matter on freebies during elections under scrutiny. The Bench will now hear the matter after Diwali vacation.

The plea was filed by Advocate Ashwini Upadhyay, questioning the veracity, need and the intention of distributing freebies generally during elections. The plea further referred freebies, as 'irrational'.

The Supreme Court had earlier referred the matter to a three-judge bench, the case concerning the issue of Freebies during elections.

A bench headed by CJI NV Ramana had stated that Freebies curb the possibility of creating a level playing field and there are indeed several questions which have been raised in the petition which require attention of this court.

Further stated that though the issue is a matter of policy and may be outside jurisdiction of court, it can be reconsidered in light of top court's 2013 judgment in Subramaniam Balaji v. Government of Tamil Nadu. The 2013 judgment had held that pre-poll promises made by a political party cannot constitute a corrupt practice under the Representation of the People Act.

The various questions that were raised by the petitioner in the plea were-

- What is the Scope of judicial intervention?
- Whether any order can be passed in the petition?
- Whether a body can be framed to decide on freebies in elections?

How events unfolded:

On an earlier date of hearing, CJI had observed that there is a need to maintain a balance between the loss to the exchequer owing to freebies and welfare schemes for the benefit of the people. 

Earlier, CJI had suggested 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 they should suggest the court about the formation of a body, which can be constituted by the court to examine the issue.

Court had asked the Government to consider involving the Finance Commission in the issue pertaining to the distribution of freebies by political parties in the vicinity of elections.

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