Freebies against democracy but legislation against them not advisable: SC

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Legislation banning political parties from offering voters freebies is not advisable though such promises are “anti-democratic”, said the on Thursday as it protested the Election Commission’s affidavit in the matter being leaked to the .


The said the economy is losing money but people’s welfare has to be balanced. “That’s why there is a need for this debate and there must be someone to put thoughts to this vision,” it said.


The Supreme Court, while hearing a petition, had a week ago suggested setting up an expert committee “to take a holistic and comprehensive view of the matter and making their recommendations”. The declined to be part of the committee, citing its status as a constitutional body.


About the petition’s demand that political parties announce freebies be banned, the said it will not look into that aspect. “That is [freebies] an anti-democratic thing. We are a after all,” it said.


The court expressed its displeasure over the contents of the Election Commission’s affidavit being made public. “We’ve to read affidavits in newspapers,” it said.


The Commission’s lawyer referred to a previous judgment, saying a provision can be made under the Representation of People’s Act for the political parties to adhere in their manifestos that they will not announce freebies in elections.


Solicitor General Tushar Mehta, who argued for the government, said such a provision would be difficult as most freebies are not part of parties’ manifestos but are declared during rallies and speeches.


Senior advocate Arvind Datar, who argued for the petitioner, said some stakeholders have raised the issue in court that freebies are part of the Constitution’s Directive Principles of State Policy (DPSP). “However, giving gold chains cannot be part of implementing the DPSP,” he said.


Freebies and welfare schemes are not the same, said senior advocate Abhishek Manu Singhvi, who argued for the Aam Aadmi Party, which governs Delhi. “The word freebies is used in a very wrong manner,” he said.


Mehta, responding to Singhvi’s argument, said elections are practically being fought on the promise of freebies. “If freebies are considered to be for the welfare of the people, it’ll lead to a disaster,” he said.


Mehta said it will be difficult finding beneficiaries of freebies who can be members of the committee the court has suggested setting up. He instead suggested representatives from the political parties, the Niti Aayog, the civil service, the central bank, and other sectors.


Senior advocate and politician Kapil Sibal, whose opinion the court has sought in the matter, said the impact regulating freebies will have on different sectors, especially agriculture, has to be considered.


The court will hear the matter again on August 17.

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