New Delhi, Aug 11 : The Centre on Thursday demanded the Supreme Court to lay down guidelines for the regulation of freebies offered by political parties to attract voters, until the legislature comes up with an appropriate mechanism.The issues with the freebies also were recognized by the apex court which noted that the economy is losing money, and the well-being of the population, both must be balanced.A bench, headed by Chief Justice N V Ramana and comprising Justice Krishna Murari noted that Irrational freebies are certainly an issue of concern and that there should be financial discipline.However, they said that in the context of a country such as India where poverty is a major issue how can poverty be overlooked.
Solicitor General Tushar Mehta, representing the Centre He declared: “We are proposing a committee that includes secretary central government secretary of each state government, a representative of every political party, a representative of Niti Aayog RBI, Finance Commission, National Taxpayers Association and other organizations”.He said that until the legislature comes in the court could decide to make a ruling.
A counsel argued that the majority of the freebies aren’t included in the manifesto.of the manifesto, but instead are announced at rallies and during speeches.
The bench said that it is an issue that is serious and added that those who oppose freebies have a right declare their opinion, as they pay tax and expect that money to be used to build infrastructure instead of in the distribution of money.The Chief Justice stated that the expert panel could look into the issue, but it can’t be involved in drafting legislation.
The Chief Justice said that the question is in what way the court is able to interfere or get involved in the matter? He stressed that it is an important issue and outlined various schemes launched by the Centre and state governments to improve the benefit of the population.Mehta claimed that freebies can’t be welfare and that there are other ways to provide welfare to people.He stated that elections are fought solely because of freebies.”If freebies are considered to be in the interest of the benefit of the people, it will cause a catastrophe,” said Mehta.
The petitioner claimed that RBI data show that the outstanding debts of the states of March 31, 2021, is staggering at 59,893,360 crores.Senior lawyer Vikas Singh, who is representing petitioner Ashwini Upadhyay, stressed on financial discipline and stated “Where will this money come from? We’re tax payers.”.
Referring to the distribution of TVs and gold chains by political parties Senior advocate Arvind Datar stated that there was a ruling by this court which says that giving out freebies is adhering to the Directive Principles of State Policy in the Constitution that must be investigated.
The bench also noted that financial discipline needs to be maintained and that the economy is being a victim of the loss of money and the well-being of the populace, both must be in balance.
The Chief Justice stated that he is not looking to invade areas intended to be used for legislative purposes.
Senior lawyer Abhishek Manu Singhvi a lawyer for the Aam Aadmi Party, said there is a mismatch between welfare and freebies and the word “freebies” is used in the wrong way.
Following the hearing, the highest court set the case for a second hearing on the 17th of August.The court sought input from the stakeholders and suggested the establishment of an expert panel of experts to study the issues that are associated with absurd freebies.
On Wednesday the Election Commission (EC) told the Supreme Court that being a constitutional entity that it must be kept out of the group of experts comprising an array of government and non-governmental organizations which was slated to consider the question of the validity of freebies advertised by political parties to entice voters to vote.
In the last hearing in the case the Supreme Court had publicly expressed its displeasure with the EC for not taking a position regarding the threat of freebies that political parties offer.
The court of supreme appeal was hearing an PIL from Upadhyay seeking instructions to the Centre and the Election Commission to take steps to regulate the poll manifestos of political parties and hold them accountable for the promises they make in the manifestos.
ss/bg
