New Delhi: In a significant development that could reshape the political landscape of India, the Supreme Court will hear a Public Interest Litigation (PIL) against the practice of political parties promising freebies during elections on Thursday. The key SC hearing omes ahead of the general elections beginning April 19. The PIL, filed by lawyer Ashwini Upadhyay, seeks a direction to the Election Commission (EC) to invoke its powers to freeze the election symbols and cancel the registration of such political parties.
The bench, comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, acknowledged the importance of the plea on Wednesday.
The plea argues for a total ban on populist measures aimed at gaining undue political favour from voters, stating that they violate the Constitution. It urges the EC to take suitable deterrent measures and calls for the court to declare that the promise of irrational freebies from public funds before elections unduly influences the voters, disturbs the level playing field, and vitiates the purity of the poll process.
The petitioner contends that the recent trend of political parties influencing voters by offering freebies with an eye on elections is not only the greatest threat to the survival of democratic values but also injures the spirit of the Constitution. The plea likens this unethical practice to giving bribes to the electorate at the cost of the exchequer to stay in power and calls for its avoidance to preserve democratic principles and practices.
The petition further seeks a direction to the EC to insert an additional condition in the relevant paragraphs of the Election Symbols (Reservation and Allotment) Order 1968, which deals with conditions for recognition as a state party, stating that a “political party shall not promise/distribute irrational freebies from the public fund before the election”.
The petitioner has urged the apex court to declare that the promise or distribution of private goods or services, which are not for public purposes from public funds, before the elections violates several articles of the Constitution, including Article 14.
The seven-phase elections for the 18th Lok Sabha will begin on April 19 and end on June 1. The votes will be counted on June 4. The nomination process for 102 parliamentary constituencies spread across 21 states and Union territories where polling would be held in the first phase began on Wednesday with the issuance of a notification.
This case could have far-reaching implications for the eight recognised national political parties, 56 state-level recognised parties, and around 2,800 registered unrecognised political parties in the country. As the nation gears up for the upcoming elections, all eyes will be on the Supreme Court’s decision in this landmark case.