PIL against freebies: Need to strike balance between ‘economy losing money’ and welfare measures, says Supreme Court | India News
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NEW DELHI: The Supreme Court on Thursday sought suggestions from all stakeholders on the “serious issue” of freebies and stressed the need for striking a balance between “the economy losing money” and welfare measures.
The top court, however, refused to consider a plea for de-recognising political parties for making “irrational promises” during elections.
The SC bench comprising Chief Justice N V Ramana and Justice Krishna Murari observed that freebies and social welfare schemes were two different things.
“Freebies and the social welfare scheme are different … Economy losing the money and the welfare of people, both have to be balanced and that is why, this debate. There must be someone who can put their vision and thoughts. Please submit something before my retirement,” said the CJI, who is demitting office on August 26.
The CJI reiterated that promising “irrational freebies” during the poll process is a “serious issue” but said he will not encroach into the legislative domain even if there was a statutory vacuum on the issue.
“I do not want to enter the area of de-registering a political party etc. as it is an undemocratic idea … We are a democracy after all,” the CJI said speaking for the bench.
“You can call me reluctant or conservative but I do not want to encroach upon the legislative domain…I am a strict orthodox. I do not want to encroach on the areas meant for the legislature. This is a serious issue. It is not an easy thing. Let us hear others also,” he said.
The top court was hearing a PIL filed by lawyer Ashwini Upadhyay, which opposes the practice of political parties promising freebies during elections and urges the Election Commission to invoke its powers to freeze their election symbols and cancel their registration.
Election Commission welcomes expert panel on freebies
The Election Commission, in an additional affidavit on August 10, welcomed the suggestion of setting up an expert panel to brainstorm the issue of freebies. The poll body, however, urged the top court to not make it a part of this panel as it was a “constitutional authority.”
The CJI took strong note of the publication of the poll panel’s additional affidavit in newspapers saying it reached the media before the judges got to see it.
“We have to read the counter affidavits of the Election Commission in the newspapers and we have not received it till late last night … Please give affidavits to newspapers only,” the bench said.
Senior advocate Maninder Singh, appearing for the poll panel, said it was filed online and the copies were supplied to other parties as well.
“How does it reach newspapers and not us? What is there to read in the Election Commission affidavit now,” the bench quipped before proceeding to hear the matter.
The Election Commission also referred to the reported strong oral observations of the top court against it during the last hearing, saying they have “caused irreparable damage to the reputation of this institution built over the years.”
‘Elevated to the level of art by some parties … ‘
Appearing for the Centre, Solicitor General Tushar Mehta said, “Distribution of freebies has been elevated to the level of an art by some parties recently. Elections are fought only on this plank. It is unfortunate that in the country’s election spectrum some parties understand that distribution of free things is the only way of ‘welfare measures’ for the society. This understanding is completely unscientific and will lead to an economic disaster.”
The top law officer gave the example of the “stressed’ electricity sector and said many power generating and distribution companies are PSUs and are under severe financial stress.
Till the time, either the legislature or the poll panel steps in, the top court must lay down “dos and don’ts” for political parties in “larger national interest.”
The political debate
The issue turned into a fierce political debate after Prime Minister Narendra Modi called the “revadi culture” of offering freebies for garnering votes and said it is “very dangerous” for the development of the country.
The PM made the remark during the inauguration of the 296-km Bundelkhand Expressway in Uttar Pradesh.
“The ‘revadi culture’ people think they will buy people by distributing free ‘dreamed‘. We have to jointly defeat this thinking of theirs. We have to remove the ‘revadi culture’ from the country’s politics,” PM Modi had then said without taking any names.
PM Modi’s remarks evoked very strong reactions from Delhi chief minister Arvind Kejriwal who said his government’s schemes for free education, healthcare and electricity were not “freebies” but efforts to lay the foundation for making India the number one country in the world.
“I will tell you who is distributing ‘Revadis’ and giving freebies. This waiving of friends’ loans worth thousands of crores and getting contracts worth thousands of crores from foreign tours for friends are giving freebies,” countered Kejriwal without taking any names.
Kejriwal has insisted that there should not be a ban on announcement of freebies during elections and called on the people to consider whether the governments should provide good education to children and free medical treatment to people or waive the repayment of loan of those “looting” the country’s banks.
AAP files application opposing PIL against ‘freebies’
Arvind Kejriwal’s Aam Aadmi Party (AAP) has filed an application in the Supreme Court opposing a PIL against political parties promising to distribute ‘freebies’ during election campaigns.
AAP in its application said that electoral promises such as free water, free electricity, and free transport are not ‘freebies’ but are absolutely essential in an unequal society.
In its application the AAP has urged the Supreme Court to ensure that the proposed panel on Freebies if constituted must have representatives from all state governments, all recognised political parties and planning bodies from each state and Union territory, besides the representatives of Reserve Bank of India, Finance Commission, Election Commission and NITI Aayog.
(With inputs from agencies)
Watch Financial discipline is must: Supreme Court on freebies
The top court, however, refused to consider a plea for de-recognising political parties for making “irrational promises” during elections.
The SC bench comprising Chief Justice N V Ramana and Justice Krishna Murari observed that freebies and social welfare schemes were two different things.
“Freebies and the social welfare scheme are different … Economy losing the money and the welfare of people, both have to be balanced and that is why, this debate. There must be someone who can put their vision and thoughts. Please submit something before my retirement,” said the CJI, who is demitting office on August 26.
The CJI reiterated that promising “irrational freebies” during the poll process is a “serious issue” but said he will not encroach into the legislative domain even if there was a statutory vacuum on the issue.
“I do not want to enter the area of de-registering a political party etc. as it is an undemocratic idea … We are a democracy after all,” the CJI said speaking for the bench.
“You can call me reluctant or conservative but I do not want to encroach upon the legislative domain…I am a strict orthodox. I do not want to encroach on the areas meant for the legislature. This is a serious issue. It is not an easy thing. Let us hear others also,” he said.
The top court was hearing a PIL filed by lawyer Ashwini Upadhyay, which opposes the practice of political parties promising freebies during elections and urges the Election Commission to invoke its powers to freeze their election symbols and cancel their registration.
Election Commission welcomes expert panel on freebies
The Election Commission, in an additional affidavit on August 10, welcomed the suggestion of setting up an expert panel to brainstorm the issue of freebies. The poll body, however, urged the top court to not make it a part of this panel as it was a “constitutional authority.”
The CJI took strong note of the publication of the poll panel’s additional affidavit in newspapers saying it reached the media before the judges got to see it.
“We have to read the counter affidavits of the Election Commission in the newspapers and we have not received it till late last night … Please give affidavits to newspapers only,” the bench said.
Senior advocate Maninder Singh, appearing for the poll panel, said it was filed online and the copies were supplied to other parties as well.
“How does it reach newspapers and not us? What is there to read in the Election Commission affidavit now,” the bench quipped before proceeding to hear the matter.
The Election Commission also referred to the reported strong oral observations of the top court against it during the last hearing, saying they have “caused irreparable damage to the reputation of this institution built over the years.”
‘Elevated to the level of art by some parties … ‘
Appearing for the Centre, Solicitor General Tushar Mehta said, “Distribution of freebies has been elevated to the level of an art by some parties recently. Elections are fought only on this plank. It is unfortunate that in the country’s election spectrum some parties understand that distribution of free things is the only way of ‘welfare measures’ for the society. This understanding is completely unscientific and will lead to an economic disaster.”
The top law officer gave the example of the “stressed’ electricity sector and said many power generating and distribution companies are PSUs and are under severe financial stress.
Till the time, either the legislature or the poll panel steps in, the top court must lay down “dos and don’ts” for political parties in “larger national interest.”
The political debate
The issue turned into a fierce political debate after Prime Minister Narendra Modi called the “revadi culture” of offering freebies for garnering votes and said it is “very dangerous” for the development of the country.
The PM made the remark during the inauguration of the 296-km Bundelkhand Expressway in Uttar Pradesh.
“The ‘revadi culture’ people think they will buy people by distributing free ‘dreamed‘. We have to jointly defeat this thinking of theirs. We have to remove the ‘revadi culture’ from the country’s politics,” PM Modi had then said without taking any names.
PM Modi’s remarks evoked very strong reactions from Delhi chief minister Arvind Kejriwal who said his government’s schemes for free education, healthcare and electricity were not “freebies” but efforts to lay the foundation for making India the number one country in the world.
“I will tell you who is distributing ‘Revadis’ and giving freebies. This waiving of friends’ loans worth thousands of crores and getting contracts worth thousands of crores from foreign tours for friends are giving freebies,” countered Kejriwal without taking any names.
Kejriwal has insisted that there should not be a ban on announcement of freebies during elections and called on the people to consider whether the governments should provide good education to children and free medical treatment to people or waive the repayment of loan of those “looting” the country’s banks.
AAP files application opposing PIL against ‘freebies’
Arvind Kejriwal’s Aam Aadmi Party (AAP) has filed an application in the Supreme Court opposing a PIL against political parties promising to distribute ‘freebies’ during election campaigns.
AAP in its application said that electoral promises such as free water, free electricity, and free transport are not ‘freebies’ but are absolutely essential in an unequal society.
In its application the AAP has urged the Supreme Court to ensure that the proposed panel on Freebies if constituted must have representatives from all state governments, all recognised political parties and planning bodies from each state and Union territory, besides the representatives of Reserve Bank of India, Finance Commission, Election Commission and NITI Aayog.
(With inputs from agencies)
Watch Financial discipline is must: Supreme Court on freebies
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