The Supreme Court on Tuesday said it was not against any government policy or scheme but reiterated the need to have a debate on differentiating between freebies and welfare schemes.

A Bench led by Chief Justice N V Ramana said the definition of freebies cannot be a water-tight compartment as some state had given bicycles to poor and women and that improved their lifestyle.

“The problem is which is freebie that can be said to be beneficial for the upliftment of a person. For a rural person struck by poverty, his livelihood may depend on that small boat or bicycle,” the bench said.

“Definition of freebies cannot be a water-tight compartment. Look at Housing Boards houses for the poor. Some states are giving cycles. Toddy tappers are given equipment. Likewise assistance for fishermen. These are functions of a welfare state…it must be determined whether a promise qualifies as a welfare measure or a freebie,” he observed.

Also read: Doubling money with Post Office scheme: Rs 1 lakh to Rs 2 lakh in 124 months, faster than Fixed Deposit

The Chief Justice asked if a law rolled out by the Centre prohibiting ‘freebies’ would it be open to judicial scrutiny.

“We are not against any government policy. We are not against any scheme. Tomorrow, if the Government of India makes a law that states should not make freebies…can we say that government can say whatever and we cannot look into it? In the interest of both welfare of people and the economy, we started looking into this issue. Now a debate has to take place and a committee has to be set up,” the CJI said, adding that the complex nature of the issue needs to be dealt through a system and not politically.

Solicitor General Tushar Mehta told the SC that nobody had an issue with social welfare measures, but difficulty arises when a party distributed non-essentials such as sarees, television sets etc. The voter has a right to make an informed choice and false promise which the finances do not permit would entail disastrous economic consequences, he added.

Citing an example that the power sector is running at a loss, Mehta further stated that the belief that ‘freebies’ are a road to welfare is ‘dangerous.’ “Till either legislature steps in or Election Commission issues directives, the SC must lay down ‘dos and don’ts’ for political parties in the larger national interest,” he suggested.

The Bench also asked why can’t the Election Commission of India regulate the ‘promises’ made by political parties during elections. Once the election code starts, everything is under control of ECI, it said, adding that it must take an ‘active role in ending freebies mentioned in the election manifestos.

Also read: National Pension System for private sector employees: Minimum 6000/year NPS contribution required. Key points

The SC was hearing a PIL filed by lawyer Ashwini Upadhyay challenging the practice of political parties promising freebies during elections and wants the Election Commission to to freeze their election symbols and cancel their registration.

While the Central government so far has supported the PIL, the Aam Aadmi Party and DMK have hit out at the Centre over the freebies row. DMK has opposed the suggestion for setting up an expert panel to examine the matter, saying that welfare measures intended to uplift the marginalized persons cannot be termed as “freebies”.