Supreme Court to Hear PIL Against ‘Irrational Freebies’ Promised by Political Parties in March

The Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi took note of submissions made by lawyer-petitioner Ashwini Kumar Upadhyay, who pointed out that notices in the matter had been issued to the Union government and the Election Commission of India as far back as 2022.

Recently, in 2024, the court had issued fresh notices to ECI and Centre, in a plea seeking a declaration that the promise of freebies, particularly in the form of cash, made by political parties during the run-up to Assembly or General elections, to be funded from the public exchequer post-election if their party forms the government, constitutes a corrupt practice under the Representation of the People Act, 1951.

Raising concern over the scale of pre-poll promises, Upadhyaya today submitted that political parties were offering an ever-expanding range of freebies to voters to influence electoral outcomes. “Except the sun and moon, everything is being promised by political parties to voters during elections, and this amounts to a corrupt practice,” he told the court.

Responding to the submission, the CJI acknowledged the importance of the issue. “This is an important issue. You please remind us and mention it at the end. We will list it in March,” the Chief Justice said.

The PIL, originally taken up in January 2022 by a Bench headed by then CJI N V Ramana, had been described as raising a “serious issue”. At the time, the court had observed that in some cases the “freebie budget” appeared to be exceeding the regular budget, and sought responses from the Centre and the Election Commission.

In 2022, Solicitor General Tushar Mehta had argued before the apex court that freebies distort the informed decision making of voters. SG had further said that the offering of freebies by political parties may also lead to an economic disaster. The SG had insisted that the ECI should examine the issue of freebies being offered by political parties before elections.

The petition seeks a declaration that promises of “irrational freebies” from public funds before elections unduly influence voters, disturb the level playing field, and vitiate the purity of the electoral process. It contends that such practices amount to bribing the electorate at the cost of the public exchequer, thereby striking at the core of democratic values.

Filed through AoR Ashwani Kumar Dubey, the plea argues that the growing trend of offering freebies to secure votes poses one of the greatest threats to constitutional democracy. It claims that distributing private goods or services, which are not meant for public purposes, from public funds violates constitutional provisions including Articles 14, 162, 266(3), and 282.

As an alternative to judicial directions, the petition also seeks a mandate to the Centre to enact a law regulating or prohibiting such electoral promises. Additionally, it urges the Election Commission to amend the Election Symbols (Reservation and Allotment) Order, 1968, by inserting a condition that a recognised political party must not promise or distribute irrational freebies from public funds before elections.

Referring to recent election campaigns in several states, the plea asserts that the unchecked promise of freebies has reached “alarming levels”, with elections being countermanded in some instances due to inducements and distribution of money.

Notably, in 2022, the then CJI NV Ramana had lashed out at the counsel for the ECI as the counter filed by them in the matter reached the press before it reached the court. He said, “If it can reach newspapers first, why can’t it reach us?” The court had then debated with the senior counsels as to what extent it can interfere in an issue such as this. CJI said, “Election Commission is an independent body, the political parties are there. So, to what extent can we interfere in this?” CJI further informed the counsels that this being a serious issue, emotional arguments or decisions will not be of any avail.

The then 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 suggest the court about the formation of body, which can be constituted by the court to examine the issue. It 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.