No powers, up to voters to decide if freebies viable: Election Commission

New Delhi, April 9

Expressing its inability to check freebies, the Election Commission has told the Supreme Court that it’s a policy decision of political parties; and the economic viability and adverse impact of such doles on the economy are to be considered by voters.

Cannot regulate state policies

The EC can’t regulate state policies & decisions which may be taken by the winning party when it forms the government. EC to SC

In an affidavit in response to a PIL against freebies filed by Delhi BJP leader Ashwini Kumar Upadhyay, the EC said, “Offering/distribution of freebies, either before or after the election, is a policy decision of the party concerned and whether such policies are financially viable or its adverse effect on the economic health of the state is a question that has to be considered and decided by the voters. The Election Commission of India cannot regulate state policies and decisions that may be taken by the winning party when it forms the government.

“Such an action, without enabling provisions in the law, will be an overreach of powers,” the EC submitted. In December 2016, 47 proposals were sent to the Centre on reforms relating to political parties, including their de-registration, it said. It was recommended to the Law Ministry to enable the EC to exercise the power to de-register a political party and to issue necessary orders regulating registration and de-registration of political parties, the poll panel claimed.

As political parties attempt to woo the electorate by populist promises on the eve of poll, Upadhyay had demanded that irrational freebies using public funds be declared unconstitutional as a “promise of irrational freebies from public funds before elections unduly influences voters, disturbs level-playing field, shakes the roots of a free and fair election, and vitiates purity of election process”.

Holding that freebies promised in poll manifestos vitiated the electoral process, the top court had on July 5, 2013, asked the EC to frame guidelines to check it in consultation with political parties.

“The injury to the citizens is extremely large because Punjab needs Rs 12,000 crore per month to fulfil the political promises, if Aam Aadmi Party comes to power; Rs 25,000 crore per month, if Shiromani Akali Dal comes to power; and Rs 30,000 crore (per month) ,if Congress comes to power, though the GST collection is Rs 1,400 crore only,” the public interest litigation had pointed out.

“In fact, after debt repayment, the Punjab Government is not able to pay even salaries and pensions, then how will it provide freebies? The bitter truth is that Punjab’s debt is increasing every subsequent year. The state’s outstanding debt has increased to Rs 77,000 crore, with Rs 30,000 crore accumulating in the present financial year itself,” Upadhyay had submitted.

Submission in SC

• It (offering poll-eve freebies) is a policy decision of political parties.
• The economic viability and adverse impact of such doles on the economy is to be considered by voters.