The Supreme Court on Friday referred the issue of freebies to a three-judge bench, stating that the points raised by the parties require extensive hearing, Live Law reported. The court order implies that the idea mooted earlier of constituting a panel to review the issue has also be done away with.
“Looking at the complexity of issues and the prayer to overrule Subramaniam Balaji, we refer the matter to a three-judge bench,” a bench headed by Chief Justice of India NV Ramana bench and comprising Justices Hima Kohli and CT Ravikumar said.
In its order, the court noted that issues that are raised by various parties might require consideration. The issues the court referred to include the scope of judicial intervention, if court can pass any enforceable order, the composition of the committee, and whether SC’s Subramaniam Balaji vs Tamil Nadu 2013 judgment needs reconsideration, Bar and Bench reported.
In its 2013 judgment, the apex court had held that promises made by political parties in the election manifesto would not amount to ‘corrupt practices’ as per Section 123 of the Representation of People Act. Further, the court noted that the Comptroller and Auditor General of India (CAG) cannot dictate how governments spend their money, and that the court cannot frame guidelines or laws on what election promises should be allowed.
The matter came before the court after a Public Interest Litigation (PIL) was filed by BJP leader and advocate Ashwini Kumar Upadhyay on January 22, where he argued that the promise of freebies unfairly influences voters, and amounts to bribery, and undue influence.
The petition also urged courts to direct the Election Commission of India (ECI) to add a condition to the Election Symbols Order, 1968, that would bar political parties from promising or distributing ‘irrational freebies from public funds before elections’, and further “de-register parties” that distribute freebies.
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Several political parties like the Aam Aadmi Party, Dravida Munnetra Kazhagam (DMK), YSR Congress have argued that freebies are welfare measures for the people.