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Supreme Court issues notice on 'freebies plea', seeks response from Centre, Election Commission

The Supreme Court has issued a notice to the Centre and Election Commission on a plea to classify election freebies as bribery, tagging it with pending cases.

Edited By: Nitin Kumar @Niitz1 New Delhi Updated on: October 15, 2024 14:18 IST
Supreme Court
Image Source : PTI/FILE PHOTO Supreme Court of India building.

The Supreme Court has issued notices to the Center and the Election Commission in response to a fresh petition challenging the practice of political parties issuing freebies during elections. After Bengaluru resident Shashank J Sridhar moved the petition through Justice Srinivasan, Chief Justice D Y Chandrachud and Justices J B Pardeewala and Manoj Mishra sought the government’s reply. The plea also asked the EC to implement measures to prevent political parties from making such pre-poll commitments.

Petition highlights concerns about the financial burden

The petition argued that misguided promises of freebies impose an incalculable financial burden on the public exchequer. Concerns are also raised about the lack of a mechanism to ensure that these promises are delivered. The Supreme Court has marked the petition with other similar pending cases already.

Call for ban on populist measures

Earlier, the Supreme Court had agreed to hear such petitions, including one filed by advocate Ashwini Upadhyay, seeking a total ban on the populist measures. Upadhyay’s petition argued that such measures violate constitutional principles by having an unfair impact on voters and disturbing the level playing field in elections. The applicant requested that the EC take action to stop this practice.

Proposed amendments to the election symbol rules

The petition also asked the court to direct the EC to amend the Election Symbols (Reservation and Allocation) Order of 1968, subjecting it to a condition that political parties should not promise or distribute unreasonable freebies from public funds before the elections. It argued that non-public provision of private goods or services before elections violates constitutional provisions, including Article 14, and undermines democratic norms.

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