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Freebie offers vitiate poll process: SC
Says election promises in manifestoes not a corrupt practice, but affect the playing field
R Sedhuraman
Legal Correspondent

New Delhi, July 5
The Supreme Court on Friday directed the Election Commission to frame guidelines for preventing political parties from offering freebies to voters in return for electing them to power as such practices “shake the root of free and fair elections”.

A Bench comprising Justices P Sathasivam and Ranjan Gogoi, however, held that such promises in election manifestoes “do not constitute a corrupt practice” under the existing laws.

Also, the judiciary was not in a position to prevent ruling parties from implementing their poll promises as this was done through the passage of appropriation Bills in Assemblies or Parliament, the Bench said.

Further, freebies also fell within the realm of fulfilling the Directive Principles of State Policy, thereby falling within the scope of public purpose, the apex court explained.

“The mandate of the Constitution provides various checks and balances before a scheme can be implemented. Therefore, as long as the schemes come within the realm of public purpose and monies withdrawn for the implementation of schemes by passing suitable appropriation Bill, the court has limited jurisdiction to interfere in such schemes,” the Bench pointed out.

Judicial interference was permissible only when the government action was unconstitutional or contrary to a statutory provision and not when such action was not wise or the extent of expenditure was not for the good of the state, the Bench held.

Nevertheless, “the reality cannot be ruled out that distribution of freebies of any kind undoubtedly influences all people. It shakes the root of free and fair elections to a large degree,” the Supreme Court acknowledged.

“Therefore, we direct the Election Commission to frame guidelines for the same in consultation with all recognised political parties” and include these in the model code of conduct. Though the model code was applicable only after the announcement of the election dates, “an exception” could be made for the manifestoes as these were directly associated with the election process.

Acknowledging that the judiciary was not in a position to direct the legislature to enact a law to curb the practice, the Supreme Court said it was nevertheless “recording the need”  for this.

The Supreme Court verdict came in a case against political parties in Tamil Nadu winning elections on the plank of freebies at the cost of the state exchequer.