New Delhi, Aug 23 : The Supreme Court on Tuesday said it was not in opposition to any government policy or plan and began to look into the subject of freebies to help with the welfare of the population and the economy.Now the debate must be held.The Supreme Court also reprimanded the ruling of Tamil Nadu’s DMK and a few of its top leaders over statements regarding the topic of giveaways as well as the court’s intervention in the issue.
A bench led by Chief Justice N.V.Ramana, said the court’s goal was to begin a more public discussion about the subject of freebies.It was suggested that an expert committee be established to study the issue.
The bench, which also includes Justices Hima Kohli and C.T.Ravikumar declared: “We are not against any government policy.We are not against any plan .”
The bench further stated that the political parties of all parties are on the same side, since everyone likes freebies and for this, the bench decided to look into the issue.
The Chief Justice said that if, in the future, the government of India adopts an act against freebies, could it be declared that the government has the right to decide what it wants, and the court is not able to examine the issue? He said that the court began to look into the matter in the interests of both the welfare of citizens and economics, and it is time to have a debate and a committee established.
Recognizing the complexity of the issue – what’s the different between welfare and freebies CJI Ramana said that, for instance certain states offer cycles to the poor and women and this enhances their lives however the issue is what constitutes a freebie and what’s a welfare program for the improvement of the individual.
He said that for a poor person in an area that is rural the source of his income may be on an unreliable bicycle or a small boat and it’s difficult to sit in a room and debate the issue.
Senior attorney Kapil Sibal has argued that the issue should be resolved by a system, not through politics and suggested that the Finance Commission should be looped in the process.
Solicitor General Tushar Mehta submitted that nobody had a problem with the social welfare system, however the issue arises when a party gave away non-essential items like television sets, sarees, and so on.Mehta declared that the voter has the right to make an informed decision and a false claim that the budget cannot support could have disastrous economic consequences.
Senior advocate Vikas Singh, who represented petitioner advocate Ashwini Upadhyay explained that the case was only about promises made by political parties during elections.He also said that parties were taking advantage of the issue by claiming it was social welfare however “in reality, it’s a fiscal discipline, and if not addressed with could create India an Sri Lanka”.
The court also suspended DMK and a few of its officials for making statements regarding the subject of gratuities and judiciary’s intervention in the issue.
As the senior advocate P.Wilson, representing the DMK was attempting to make arguments in the case The Chief Justice told Wilson: “Mr.Wilson, the party you represent has plenty of points to make, but I’m not allowing myself to be the Chief Justice of India.Don’t believe that you are the only smart one.The way you’re talking about, making assertions.Don’t believe that we’re ignoring everything the things being said.”
The DMK has filed an impleading application in the highest court stating welfare measures designed to lift marginalized people cannot be categorized as “freebies”.
The supreme court is hearing a case filed by Upadhyay seeking instructions to the Centre and the Election Commission to take steps to regulate the election manifestos of political parties, and against the irrational promises of freebies made by political parties in order to attract voters to vote.
The Supreme Court is likely to keep hearing the case on Wednesday.
In the last hearing, the Supreme Court suggested forming an expert panel of representatives from both state and central governments as well as opposition political parties, Election Commission, Finance Commission, Reserve Bank of India, NITI Aayog etc.,
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