SC asks Centre to seek FC's views on regulating freebies

The Supreme Court on Tuesday asked the Centre to seek the views of the Finance Commission if revenue allocation to States can account for freebies announced by the political parties just before the elections to influence the voters.

A bench of Chief Justice N V Ramana and Justices Krishna Murari and Hima Kohli posed this query to Additional Solicitor General K M Nataraj and sought a response from the Centre on August 3.

Senior advocate Kapil Sibal contended the Finance Commission can take into account debt burden on states due to freebies promised by the political parties.

"Finance Commission is an appropriate and independent body, which can give suggestions in the matter. It would consider whether freebies could destablise the economy," he said.

Sibal also maintained the freebies, announced by political parties, is a serious matter but difficult to control politically.

The top court was hearing a PIL by BJP leader and advocate Ashwini Kumar Upadhyay seeking a direction to the Election Commission to prevent political parties from promising or distributing "irrational freebies" from public funds and de-register political parties or seize election symbols, promising such things before elections.

The Union government, represented by Additional Solicitor General K M Nataraj, submitted these are the issues which are to be dealt by the EC only.

To this, the bench said, "Why don't you say that you have nothing to do with it and the EC has to take a call?"

The bench further sought to know if the government is considering it as a serious issue or not.

"You take a stand and then we'll decide whether these freebies are to be continued or not. You file a detailed counter," the bench said.

The EC's counsel submitted that it was held in previous judgements that a manifesto was part of the promises of a political party.

The bench replied, “We are on freebies to bribe the electorate. Now if you say it's hands off for you, then what is the purpose of the Election Commission of India?"

The EC's counsel responded that the Centre should bring a law to deal with the issue.

The bench agreed to Upadhyay's contention that it is a serious matter. The petitioner suggested the EC should debar political parties promising freebies.

In a written response, the EC had earlier said, “The Commission 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 its powers”.