Supreme Court: Political parties cannot be de-recognised for offering freebies

Supreme Court.

The Supreme Court on Thursday said that it will not consider the plea for de-recognising political parties for announcing “freebies” during elections.

A bench comprising Chief Justice NV Ramana and Justice Krishna Murari said that entertaining a request like this would go against the principles of democracy and cannot be permitted, Bar and Bench reported.

Speaking for the bench hearing a PIL on the question of “irrational freebies”, Chief Justice N.V. Ramana said, “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.”

“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 CJI said.

The PIL sought directions from the apex court to the central government and Election Commission to take steps in order to regulate a political party’s election manifesto and hold parties accountable for promises made in such manifestos, according to a Quint report.

According to Bar and Bench, Solicitor General Tushar Mehta, representing the central government, said that freebies promised by political parties need to be regulated. He added that until the legislature frames a law In this regard, the Supreme Court can step in.

“We (Centre) are proposing a committee – beneficiaries, secretary central government, secretaries of state governments, representatives of each political party, representative of NITI Aayog, RBI, Finance Commission, National Tax Payers Association, one who supports freebies, industry and stressed sectors,” Mehta said.

Senior counsel Kapil Sibal said, “It is a complicated issue to be heard like this. There needs to be data before you. I have an employee who works and yesterday she had no money to travel by metro. I gave her money and then she told me she takes a free bus. It is free for women. Is it a freebie?” Sibal asked according to Bar and Bench.

SC opines to set up expert body to monitor freebies, EC declines to be part of it

Notably, the top court on August 3 had opined that an expert body consisting of various stakeholders such as Niti Aayog, Finance Commission, Law Commission, Reserve Bank of India, members of ruling and opposition parties would be required to give suggestions to address the issue of promise of freebies during campaigns. However, the Election Commission on Wednesday declined to be the part of the expert panel proposed to be constituted by the Supreme Court to examine the freebies issue. – INDIA NEWS STREAM

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