Cannot regulate poll-eve freebies, EC tells Supreme Court

Tribune News Service

New Delhi, April 9

Expressing its inability to regulate freebies, the Election Commission has told the Supreme Court that it’s a policy decision of political parties; and the economic viability and adverse impact of such doles on the economy is to be considered by voters.

In an affidavit in response to a PIL against freebies filed by a Delhi BJP leader Ashwini Kumar Upadhyay, the poll panel said “…that offering/distribution of any freebies either before or after the election is a policy decision of the party concerned and whether such policies are financially viable or its adverse effect on the economic health of the State is a question that has to be considered and decided by the voters of the state”.

“The Election Commission of India cannot regulate state policies and decisions which may be taken by the winning party when they form the government. Such an action, without enabling provisions in the law, would be an overreach of powers,” the EC submitted.

It said in December 2016, a set of 47 proposals on electoral reforms were sent to the Centre on reforms relating to political parties, including their de-registration. The poll panel said it has recommended to the law ministry to enable it to exercise the powers to de-register a political party and to issue necessary orders regulating registration and de-registration of political parties.

As political parties attempt to woo the electorate by populist promises on the eve of polls, Upadhyay had demanded that irrational freebies using public funds be declared unconstitutional as “promise of irrational freebies from public funds before elections unduly influences voters, disturbs level-playing field, shakes the roots of a free and fair election, and vitiates purity of election process.”

Holding that freebies promised in poll manifestos vitiated the electoral process, the top court had on July 5, 2013 asked the Election Commission to frame guidelines to check it in consultation of political parties.

“The injury to the citizens is extremely large because Punjab needs Rs 12,000 crore per month to fulfil the political promises if AAP comes to power, Rs 25,000 crore per month if SAD comes to power and Rs 30,000 crore (per month) if Congress comes in power, though GST collection is Rs 1,400 crore only,” the PIL had pointed out.

“In fact, after debt repayment, the Punjab government is not able to pay even salaries-pensions, then how will it provide freebies? The bitter truth is that Punjab’s debt is increasing every subsequent year. The state’s outstanding debt has increased to Rs 77,000 crore, with Rs 30,000 crore accumulating in the present financial year itself,” Upadhyay had submitted.

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