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Supreme Court refers election freebies case to 3-judge bench; hearing live-streamed for the first time ever

In the 2013 judgement, the apex court had noted that after examining and considering the parameters laid in section 123 of the Representation of People Act, it arrived at a conclusion that the promises in the election manifesto cannot be read into section 123 for declaring it to be a corrupt practic

Nivedita Dash Edited By: Nivedita Dash New Delhi Updated on: August 26, 2022 11:28 IST
SC on freebies
Image Source : PTI Supreme Court

Supreme Court freebies hearing: The Supreme Court on Friday (August 26) referred to a three-judge bench on the matter of political parties offering freebies ahead of elections. In a first, the hearing in the matter was live streamed marking the last day at the office for Chief Justice NV Ramana. 

The Supreme Court said that there can be no denying that in an electoral democracy, the true power lies with the electorate and the electorate judges the parties and candidates.

 

"Looking at the complexity of the freebies issue, the case is referred to a three-judge bench," the apex court bench said referring the case. 

Freebies for social welfare

Several political parties have argued that the freebies promised by them are for social welfare. 

In the 2013 judgement, the Supreme Court had noted that after examining and considering the parameters laid in section 123 of the Representation of People Act, it arrived at a conclusion that the promises in the election manifesto cannot be read into section 123 for declaring it to be a corrupt practice.

Debate must over serious issue

The top court had earlier this week called for a debate on the 'serious' issue asking why the Centre cannot call an all-party meeting over it.

"There must be a debate.The issue is serious, there is no doubt about it. The question is, why do not all political parties meet and the Government of India can call for a meeting," it observed.

The observations by a bench comprising Chief Justice N V Ramana and Justices Hima Kohli and C T Ravikumar came while it was deliberating on a plea opposing promises of such handouts by the parties during polls.

ALSO READ | 'Why can't Centre form committee, call for all-party meeting', says Supreme Court on PIL opposing freebies


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