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"...no government can declare free electricity, free water, free distribution or loan waiver without the approval of legislative assembly, irrespective of which government is ruling. Since the money belongs to our taxpayers, the taxpayers should have the right to monitor its use. Political parties keep on wooing the public by offering freebies for votes. Whatever projects are announced, the government should first submit their blueprint and get approval from legislative assembly", the writ petition states
Supreme Court on Friday issue notice on a plea by one Bhattulal Jain raising issues over the misuse of the Consolidated Fund of India by Chief Minsiters of Rajasthan and Madhya Pradesh to offer pre-poll freebies.
A CJI DY Chandrachud led bench issued notice to the Union of India, Election Commission of India and the States of Madhya Pradesh and Rajasthan, in the plea seeking a direction in the nature of Mandamus to not misuse consolidated fund or grant in the name of public purposes, under Article 266(3), 282 of the Constitution of India, at the verge of elections.
The plea also seeks a direction in the nature of Mandamus to direct and declare that promise/ distribution of irrational freebies from the public fund before election to lure voters is analogous to the Bribery and Undue influence under Section 171-B and Section 171-C of the Indian Penal Code.
Jain has submitted before court that the situation of the Madhya Pradesh government is "very bad".
"According to the displayed report the total outstanding loan on State of M.P. in the year 2006 was 49646.6 thousand crores and now there is a debt of 3 lakh 78 thousand 616.5 lakh crores by the end of 31 March 2023.The Annual budget of the government for the financial year 2023-24 is 3 lakh 14 thousand 25 lac crores which means the percentage of debt in comparison to the total budget for the financial year 2023-24 is almost 20 percent more...", the plea states.
Top Court's bench also comprising Justices JB Pardiwala and Manoj Misra has tagged the instant plea with the petition filed by Advocate Ashwini Upadhyay which was referred to a three-judge bench last year.
A bench headed by then CJI NV Ramana had while referring the plea 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 the Supreme Court.
Advocate Ashwini Kumar Upadhyay had filed a plea alleging that 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 violates Articles 14, 162, 266(3) and 282 of the Constitution.
The Supreme Court issued notice in the present plea in January 2022. Court had also 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.
Notably, an application of intervention has been filed by the General Secretary, M.P Mahila Congress, Dr. Jaya Thakur before the Supreme Court in this matter stating that 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 which cannot be called freebies.
Moreover, recently, the Aam Aadmi Party (AAP) also filed an application of intervention contending that this Public Interest Litigation (PIL) is a “non-partisan litigation” and alleged petitioner Ashwini Upadhyay’s strong ties to the ruling Bharatiya Janata Party (BJP).
Case Title: Bhattulal Jain vs. Union of India and Ors.
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