Distribution of freebies by political parties a serious issue: Supreme Court

The Centre on Thursday asked the Supreme Court to lay down the guidelines to regulate the freebies announced by the political parties to win over the voters, till the legislative measures are taken in.

"We are proposing a committee, comprising Secretary, central government, Secretary of each state government, representative of each political party, representative of Niti Aayog, RBI, Finance Commission, National Taxpayers Association and others. Till the legislature steps in, the court may lay down something," Solicitor General Tushar Mehta submitted before a bench presided over by Chief Justice N V Ramana.

He also maintained that welfare scheme is proposed by every government but distributing things free cannot be the way.

Also Read — Freebies can be lifesavers during dire times, Election Commission tells SC

"Now, this freebies culture has been elevated to the level of art and now elections are only fought on this ground. If freebies is considered to be for welfare of the people, it'll lead to a disaster," he claimed.

Mehta also pointed out freebies are at times not part of the manifestos and announced during the political rallies.

Responding to assertions, the bench said, "Nobody says that this isn't the serious issue. People who are opposing have a right to say that they are paying tax and the amount has to be spent for infrastructure etc and not in distributing money. It is serious issue."

The bench said the committee, suggested by it can look into the issue. The court also it can't look into the aspect of re-registration of political parties as that would be anti-democratic.

"Making legislation is not very advisable and it'll be excluding our limit," the bench, also comprising Justice Krishna Murari, said.

The court also emphasised at the need for debate to strike a balance as economy is losing money while the welfare of the people is also to be ensured.

During the hearing, senior advocate Vikas Singh, appearing for PIL petitioner Ashwini Kumar Upadhyay, submitted the experts body can take a decision as the overall debt of States is of over Rs 50 lakh crore.

According to a written response by the petitioner, RBI data showed total outstanding liabilities of the States as on March 31, 2021 is a staggering amount of Rs 59,89,360 crores.

"Where would this money come from? We're all tax payers. The question is if our money is spent for gaining power regardless to what happens to the financial discipline," he asked.

Senior advocate Arvind Datar said there was a decision by this court which states that giving freebies is adhering to Directive Principles of State Policy under the Constitution, which needs to be looked into as giving gold chains or TV sets cannot be so.

Appearing for Aam Aadmi Party, senior advocate A M Singhvi contended there was a difference between freebie and welfare scheme. He said everything which is problematic might not be susceptible to judicially sound journey. The counsel suggested for looking at various issues before forming a committee.

Senior advocate Kapil Sibal also stressed at the need for debate saying the issue is complex one. He also agreed to a suggestion by the court to give a note.

The court put the matter for consideration on August 17, saying further hearing is required.

At the outset, the court pulled up the Election Commission for passing its affidavit to the media persons before filing it to the top court.

On Wednesday, the EC said it would not prefer to be part of the proposed panel, fearing its views or comments during the deliberations, in the event of being publicised, amount to pre-decide the issue and disturb the level playing field.