Freebie case referred to 3-judge Bench by Supreme Court

New Delhi, Aug 26: Chief Justice of India N V Ramana today referred as petition seeking a ban on irrational freebies promised by the political parties to a three-judge Bench.

There can be no denying that in an electoral democracy, the true power lie with the electorate and the electorate judges the parties and candidates, the Bench also comprising Justice Suryakant and Hema Kohli said.

"Solicitor general, Election Commission of India and other parties have said freebies may create a situation where a state may not be able to provide, that freebies provided using taxpayer funds aim to increase popularity of parties. We have considered the situation from all angles. The proof ultimately lies with the electorate. Electorate judges performance of parties," the CJI said.

Today is Justice Ramana's last day on the Bench. He said that there are multiple issues that would have to be considered the case and hence the matter was being referred. The CJI also said that the new Bench will re-consider the 2013 Balaji verdict which had held that the distribution of televisions is a welfare measure and not a handout.

The SC observed that unless and until there is a unanimous decision among political parties that freebies are going to destroy the economy and have to be stopped, nothing can happen. It is only the political parties which would make such promises and contest elections and not the individuals.

Several parties have argued that these are not freebies but welfare measures for the public. To this the CJI said that the court would have to consider how to define freebies and make a distinction between handouts and welfare measures.

The petition was filed by Delhi BJP leader Ashwini Upadhyay in which he sought a ban on the practice of political parties promoting freebies during elections. It also sought for a directive to the Election Commission to invoke it powers to freeze the election symbols and cancel registration of political parties that promise freebies.