'Important Matter': CJI DY Chandrachud Agrees To Hear Plea On Election Freebies

On Wednesday (March 20), the Supreme Court bench led by CJI DY Chandrachud was requested to have an early hearing of the petition raising the issue of political parties promising electoral freebies.  CJI agreed to retain the case on the board, terming it to be an " important matter." 

Senior Advocate Vijay Hansaria, appearing for petitioner Ashwini Upadhyay, requested an earlier listing of the pending matter of the distribution of freebies from public funds by Political Parties. He also highlighted the issue of the absence of any provision in the Representation of The People Act, 1951 (RPA) bestowing powers to the Election Commission (EC) to de-register a political party. 

Mr Hansaria expressed " What is important is the power of the Election Commission to de-register political parties. There are 3061 political parties"  

The CJI agreeing to the urgency of the matter, replied  "In fact three of us (the bench members) yesterday were saying it is an important matter which we need to look at " 

Mr Hansaria then urged the bench to list and hear the petition tomorrow itself. 

"Could your lordships have it tomorrow? Because today there are lot of part-heards" 

The CJI reverted, " Alright we will keep it on board...the moment these little infructuous matters on board get cleared we will keep it"  

Petitioner Ashwini Upadhyaya said,  "Presently we are under a debt of 225 lac crores, every Indian is under a debt of 1.5 lac my lord that's why it is very important."  

Background  

The present matter pertains to a PIL filed by lawyer and former BJP Delhi Spokesperson Ashwini Upadhyay seeking directions to the Election Commission of India (ECI) to not permit political parties to promise freebies during election campaigns. 

The Petitioner had argued that political parties make promises during elections, without any assessment on financial implication on state economy, merely to attract vote bank. Thus, tax-payers' money is used by political parties to remain in power and this adversely affects free and fair elections. 

The petition, filed by Ashwini Upadhyay, has urged the court to declare that–

i) Promise of irrational freebies from the public fund before the election unduly influences voters, disturbs the level playing field, shakes the roots of a free-fair election and vitiates purity of election process.  

ii) Promise/distribution of private goods/services, which are not for public purposes, from public funds before the election, violates Articles 14, 162, 266(3) and 282 of the Constitution. 

iii) Promise/distribution of irrational freebies from the public fund before election to lure voters is analogous to Bribery and Undue Influence under S.171B and S.171C of the IPC. 

In 2022, a bench led by the then Chief Justice of India NV Ramana referred the matter to a 3-judge bench.

Case Title: Ashwini Upadhyay v Union of India| Writ Petition (Civil) 43 of 2022