SC adjourns hearing on 'freebies' by political parties for Aug 20

New Delhi, Aug 17: The Supreme Court adjourned for Monday the hearing of a plea against promises by political parties to distribute freebies from public funds during election campaigns.

The apex court, while asking the parties to file their suggestion by Saturday, said the concern is about spending the public money in the right way.

The top court was hearing a PIL filed by lawyer Ashwini Upadhyay, which opposes the practice of political parties promising freebies during elections and seeks the Election Commission to invoke its powers to freeze their election symbols and cancel their registration.

Observing that freebies and social welfare schemes are two different things, the Supreme Court had earlier said a balance has to be struck between the economy losing money and welfare measures.

It also ruled out the possibility of considering a plea for de-recognising parties for making promises to give freebies.

Asking stakeholders to give suggestions on this aspect before August 17, a bench comprising Chief Justice N V Ramana and Justice Krishna Murari said the idea to de-recognise political parties for making promises to give irrational freebies during the polls was undemocratic .

"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, speaking for the bench, had said.

The CJI said the issue of promise to grant irrational freebies during the poll process is a serious issue but he will not encroach into the legislative domain even if there was a statutory vacuum on the issue.

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, the bench said.

The CJI, who is demitting office on August 26, said some suggestions have been made by senior lawyers and asked the remaining parties to do the needful before his retirement and fixed the case for further hearing on August 17.

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, the CJI said.

The poll panel, in its August 10 additional affidavit, told the Supreme Court that it welcomed the suggestion of setting up an expert panel to brainstorm the issue of freebies announced during elections, but it, being a constitutional authority , be not made part of it which may have some government bodies.

It also referred to the reported strong oral observations of the top court against it during the last hearing on the PIL on the issue, saying they have caused irreparable damage to the reputation of this institution built over the years' '.

On August 3, the top court, while asking stakeholders like the Centre, Niti Aayog, Finance Commission to brainstorm on the issue of freebies, had hinted that it may order setting up a mechanism for suggesting measures to the government to deal with the issue.

The Election Commission and the government cannot say that we cannot do anything about this. They have to consider the issue and give suggestions, the bench had said.

Earlier on July 26, the bench had termed as "serious" the promise of "irrational freebies" made by political parties during elections and wondered why the Centre was hesitant about taking a stand on the issue.

The top court had on January 25 sought replies from the Centre and the Election Commission on the PIL, filed by lawyer and BJP leader Ashwini Upadhyay, seeking direction to seize the symbol or deregister a political party that promises or distributes "irrational freebies" before polls, saying it is a "serious issue" as sometimes freebie budget is going beyond regular budget .