The Supreme Court of India has decided to form an expert committee to examine the issue of freebies announced by political parties during elections and their impact on the economy. This decision, announced on August 3, came during the hearing of a Public Interest Litigation (PIL) petition filed by Ashwini Upadhyay, which sought directions to regulate the distribution of freebies by political parties. The proposed committee is intended to include representatives from various stakeholders, including the government, opposition parties, NITI Aayog, the Election Commission, the Finance Commission, and the Reserve Bank of India (RBI). The bench, comprising Chief Justice NV Ramana and Justices Krishna Murari and Hima Kohli, has asked the Centre, the Election Commission, senior advocate and Rajya Sabha MP Kapil Sibal, and the petitioners to submit their suggestions on the composition of this expert body within seven days. The matter is scheduled for further hearing on August 11.
Expert Reaction and Concerns
The Supreme Court's move to constitute a committee has been met with skepticism by many senior law experts and advocates. A prevalent view among these professionals is that the formation of the committee may serve as a form of 'burial by committee,' potentially delaying or indefinitely postponing a decisive resolution on the matter. Senior counsel Rajeev Dhavan expressed concerns about the fundamental question facing the court and the committee: how to ascertain the effect of these freebies on elections and how the committee intends to answer this complex query. Similarly, senior advocate Sanjay Hegde noted that as of now, only a committee is being formed, and no report has been generated. He suggested that the issue of jurisdiction would only arise if the Supreme Court decides to act upon the committee's recommendations, and the current approach seems like a "burial by committee."
Clarification on Misinformation
Amidst the discussions, social media reports have circulated claims that the Supreme Court is forming the largest organization of taxpayers in the world, which would act as a watchdog. These reports suggest that without this body's approval, governments could not announce promises of free electricity, water, distributions, or loan waivers. However, these claims have been fact-checked and found to be untrue. While the Supreme Court has indeed recommended a committee to look into matters related to freebies, the apex court has not specified the powers and limitations of such a committee, nor has it mentioned that the implementation of election freebies would require the committee's approval. Furthermore, there is no official report indicating that the proposed panel will be called an "all-India organization of taxpayers." The Supreme Court's order explicitly states the intention to constitute an expert body with representatives of all stakeholders to take a holistic and comprehensive view and make recommendations.
Background of the Petition and Broader Context
The PIL filed by Ashwini Upadhyay argues that political parties announce freebies to lure voters and has urged the court to consider the impact of these promises on public debt. The petitioner's counsel suggested drafting a model code of conduct for the Election Commission (EC) to address this issue. The core debate revolves around the distinction between welfare measures and populist freebies that could harm public finance. Prime Minister Narendra Modi has previously criticized the "culture of revadi" (freebies), highlighting the strain it puts on public finances.
The issue of freebies has been a subject of judicial and electoral discourse for years. In 2013, the Supreme Court observed that the distribution of freebies is against free and fair elections and violates the electoral process. It directed the Election Commission to frame appropriate guidelines, but the EC's response was a vague guideline requiring parties to state plans for financing the promised freebies. In 2021, the SC called for an expert panel, but little progress was made. The Finance Commission (FC), a constitutional body for federal resource devolution, has limited authority, legitimacy, or competence to deal with freebie politics directly, although it has been asked to look into the issue.
Potential Paths Forward
The path ahead involves navigating the complexities of political promises and economic stability. While restraining political parties from promising freebies is challenging, potential solutions could involve amendments to the Representation of the People Act (RPA). Such amendments could mandate principles for disclosure, including the estimated cost of the promised freebies and their potential impact on public debt. The central government has advised the court to establish guidelines to regulate freebies until legislative measures are put in place. The Election Commission has so far declined to be part of the proposed committee, citing propriety.
The definition of a "freebie" itself remains ambiguous. Depending on the context, it could encompass welfare measures, subsidies, concessions, or sops. What is considered a freebie in one state may not be in another, and the perception of items like televisions or grinding machines as luxuries versus necessities can vary. For instance, bicycles provided by the Bihar government were seen as empowering girls and promoting education, illustrating the nuanced nature of such programs. The Supreme Court's upcoming hearings and the formation and functioning of the expert committee will be crucial in shaping the future of how freebies are regulated in India's electoral landscape.
Sources
- SC forming panel to examine issue of freebies by political parties is ‘burial by committee’: Experts
- Fact Check: Reality behind SC forming All-India Organization of Taxpayers to examine freebies
- LinkedIn Post by Gurudas Saras
- Editorial Analysis: Freebie Politics in India
- Editorial: Freebies - A matter between parties and voters