SC Issues Notice to Centre, Election Commission on Plea Seeking to Declare Freebies as Bribes

SC Issues Notice to Centre, Election Commission on Plea 

Seeking to Declare Freebies as Bribes

In a significant legal development, the Supreme Court of India has issued notices to the Central Government and the Election Commission of India (ECI) on a petition seeking to declare pre-election promises of freebies as bribes under the Representation of the People Act, 1951. This move brings renewed focus on the longstanding debate surrounding the practice of offering freebies by political parties in the run-up to elections.

Petition Highlights Concerns Over Freebies

The petition, filed by Shashank J Shreedhara, a Karnataka resident, urges the apex court to take action against political parties that promise freebies during election campaigns. The plea seeks a directive for the Election Commission to prohibit such practices, which the petitioner argues undermine the integrity of the electoral process by influencing voters with short-term personal benefits rather than focusing on governance and policy issues.

According to the petition, this practice places a heavy and unaccounted financial burden on the public exchequer. The petition argues that when political parties make promises of cash-based freebies or populist schemes without revealing how these will be funded, it can lead to either non-fulfillment of such promises or implementation of costly programs that further strain public funds.

Freebies as a Form of Electoral Bribery

One of the core arguments presented in the petition is that the promise of freebies made by political parties should be classified as a form of electoral bribery under the Representation of the People Act, 1951. It contends that these promises amount to inducement to vote in exchange for the allure of future rewards. The petitioner highlights that such inducements compromise the free and fair nature of elections by shifting voter focus away from policy and governance records to immediate, personal gains.

The petition further claims that this practice reduces the electoral process to a transactional exercise, where voters are swayed by promises of material benefits rather than substantive issues like governance, economic development, or social welfare policies.

Impact on Public Exchequer and Transparency

Another major concern raised by the petition is the lack of transparency regarding how political parties plan to fund the freebies they promise. The petitioner argues that this lack of financial clarity either results in non-fulfillment of promises or leads to the introduction of populist schemes aimed at future electoral gains. Such schemes, according to the petitioner, place a disproportionate burden on the public exchequer and, in some cases, amount to a fraud on the Constitution.

The petition highlights the need for a mechanism to ensure that political parties disclose how they plan to fund such schemes, and it stresses the importance of transparency and accountability in the electoral process.

Call for the Election Commission’s Action

The petitioner criticizes the Election Commission of India (ECI) for failing to take adequate measures to curb the practice of offering freebies during election campaigns. The petition argues that the ECI, as the custodian of free and fair elections, has a constitutional responsibility to ensure that elections are conducted with integrity and are not vitiated by unethical practices.

The plea underscores the growing menace of pre-poll promises of freebies and calls for the Election Commission to take immediate and effective steps to prohibit political parties from engaging in this practice. By doing so, it would help to create a more level playing field where voters make informed decisions based on policies and governance, rather than being swayed by promises of personal rewards.

Pending Cases and Broader Implications

The Supreme Court has not only issued notices to the Centre and the ECI, but it has also tagged this petition with other pending cases concerning electoral reforms and the regulation of freebies. The outcome of this legal battle could have significant implications for future elections in India, as it seeks to reshape the way political parties campaign and engage with voters.

A Step Toward Strengthening Democracy

This petition is seen as a step toward strengthening India’s democratic process by ensuring that elections are conducted on the basis of fair and ethical practices. It emphasizes the need to hold political parties accountable for their promises and to protect the integrity of the electoral process from being reduced to a transactional exchange.

The debate around the legality and ethics of freebies in elections is not new, but this case could set a precedent for future electoral campaigns, compelling political parties to focus more on long-term governance strategies rather than short-term vote-buying tactics.

Conclusion

The Supreme Court’s intervention in this matter is a critical development for India’s electoral system. As political parties increasingly rely on freebies to attract voters, this case could redefine how elections are conducted and promote a more transparent, fair, and ethical political landscape in the country. The response from the Centre and the Election Commission will be keenly watched, as it will shape the future of election-related reforms and consumer rights within the electoral process.

The outcome of this petition holds the potential to strengthen the democratic framework of the nation by curbing unethical practices and ensuring that elections are fought based on policies, governance records, and real issues, rather than promises of material benefits.