Lawyers opposing electoral freebies hail PM Modi's stand on fiscal prudence

Freebies, PM Modi, Supreme Court

Senior advocate Vikas Singh and lawyer Ashwini Kumar Upadhyay, fighting in the Supreme Court to make electoral freebies unconstitutional, agreed with Prime Minister Narendra Modi's comment on the need to eschew financially irresponsible freebie schemes.

PM Modi said in an exclusive interview with Moneycontrol financially irresponsible policies not only destroy the economy in the long term but also society, with the poor paying a heavy price.

"There is a tendency among political parties to make all kinds of promises without realising the financial implications," senior advocate Singh said.
He asserted that before a political party is permitted to make any promise, it must demonstrate what is deficient in a state and how its pledge will ease the shortfall. If political parties are asked to show how they will fund the freebies they promise, it will bring about financial discipline, he said.

Singh noted that parliament must amend the Representation of Peoples Act, 1951, to hold political parties accountable for the freebies they promise.

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Upadhyay, a BJP leader who initiated the litigation against freebies in January 2022, said any scheme over and above the guarantees of fundamental rights should be considered a freebie. According to Upadhyay, schemes for sanitation, food and homes may not fall under the category of freebies. However, the distribution of laptops, two-wheelers and others must be classified as freebies.

Upcoming elections

In states that are gearing up for assembly elections, political parties have started promising freebies ranging from cash transfers to additional income schemes.

In Rajasthan, there have been announcements of a minimum income guarantee scheme, subsidised cooking gas, free electricity and a welfare scheme for gig workers. In Chhattisgarh, the government introduced a monthly allowance scheme for unemployed youth, and in Madhya Pradesh, a welfare scheme for women has been announced.

In his public interest litigation, Upadhyay sought directions for the government and the Election Commission of India to regulate political manifestos and hold parties accountable for pre-poll promises.

A bench led by then Chief Justice of India NV Ramana deliberated on setting up a panel to debate the issue and then said on August 24, 2022, that no legislation or judicial order can stop the freebies culture "unless there is a conscious decision to stop it" emanating from the political parties.

The bench referred the issue to a three-judge bench. The court also decided to review the 2013 judgment by a two-judge bench, which said promises of free gifts by political parties couldn't be called a bribe. Items and schemes given by the government for the betterment of citizens were in line with the Directive Principles of State Policy, the bench said.

It also ruled that the court couldn't lay down guidelines on allowing or disallowing promises made by political parties ahead of the polls.