The Supreme Court is set to address a Public Interest Litigation (PIL) challenging the practice of political parties offering freebies during elections. This development, occurring just weeks before the commencement of the 2024 Lok Sabha elections on April 19, holds significant implications. The bench, comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, expressed the importance of the matter and scheduled it for discussion on Thursday, March 21, following a plea from the petitioner’s lawyer for an early hearing.
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The plea argues for a complete ban on populist measures aimed at garnering undue political favor from voters, asserting that such practices violate the Constitution. It further suggests that the Election Commission of India should implement suitable deterrent measures, as reported by news agency ANI.
Acknowledging the urgency of the issue, the Supreme Court took cognizance of senior advocate Vijay Hansaria’s submissions, representing lawyer and PIL petitioner Ashwini Upadhyay, stressing the need to address the matter before the Lok Sabha polls.
The PIL advocates for a declaration by the apex court, asserting that the promise of irrational freebies using public funds prior to elections unfairly influences voters, disrupts the level playing field, and undermines the integrity of the electoral process. It argues that such practices, akin to offering bribes to voters at the expense of the treasury, pose a grave threat to democratic values and must be curbed to uphold the principles of democracy.
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Furthermore, the petition calls for a directive to the Election Commission to incorporate an additional condition in the relevant paragraphs of the Election Symbols (Reservation and Allotment) Order 1968, stipulating that political parties refrain from promising or distributing irrational freebies before elections.
The petitioner contends that the pledge or dissemination of private goods or services, not intended for public welfare and funded by public resources, prior to elections, contravenes several articles of the Constitution, including Article 14.
With the 18th Lok Sabha elections spanning seven phases from April 19 to June 1, and vote counting scheduled for June 4, the nomination process for 102 parliamentary constituencies across 21 states and Union territories began on Wednesday, marked by the issuance of notifications.