NEW DELHI: The Supreme Court on Wednesday sought suggestions from all stakeholders, including the Centre, Niti Aayog, Finance Commission and the RBI on the formation of a panel to brainstorm on curbing freebies announced by parties in the run-up to the polls.
A bench comprising Chief Justice N V Ramana and justices Krishna Murari and Hima Kohli said, “The Election Commission and the government cannot say that we cannot do anything about this.”
The Centre, through Solicitor General Tushar Mehta, changed its position and supported the ban on freebies. He said, “The distribution of freebies inevitably leads to future economic disaster and the voters also cannot exercise their right to make as an informed, wise decision.”
The Centre had earlier sought to pass the buck to the poll body, saying the question of freebies needs to be dealt with by the EC.
The court, while listing the PIL of lawyer Ashwini Upadhyay for further hearing on Thursday, said all stakeholders should think on it and give suggestions.
The PIL opposes the practice of parties promising freebies during elections and demands that the EC invoke its powers to freeze their election symbols and cancel their registration.
During the hearing, the bench said no political parties would like to debate it in Parliament as everybody wants this practice to continue while reacting to a suggestion by senior advocate Kapil Sibal.
Distribution of freebies inevitably leads to "future economic disaster", the Centre told the Supreme Court on Wednesday where it came out in full support of a PIL against the practice of political parties promising handouts during elections.
The fresh stand of the central government before a bench headed by Chief Justice N V Ramana assumes significance as earlier it had said the issue of freebies needed to be dealt with by the Election Commission.
The poll panel, however, had put the onus on the government during the July 26 hearing.
The bench on Wednesday asked all stakeholders, including the Centre, Niti Aayog, Finance Commission and the RBI to brainstorm the issue of freebies promised during elections and come out with "constructive suggestions" to deal with it.
Solicitor General Tushar Mehta, appearing for the Centre, said the government supported the PIL.
"Such populist promises have a severe adverse impact on the voters. Not only such freebies distribution inevitably leads to future economic disaster, the voters also cannot exercise their right to choose as an informed, wise decision," the government's law officer said.
Mehta said a common man will never realise while accepting such freebies that "his right pocket is receiving something which is going to be taken away from his left pocket later".
He said the poll panel must prevent the freebie culture not only to protect democracy but also to safeguard the economic sustenance of the country.
The counsel for the poll panel, however, said the apex court judgements bind it and hence it cannot act on the issue of freebies.
The solicitor general opposed the suggestion by senior advocate Kapil Sibal, who has been asked by the bench to assist it during the hearing, that the poll panel be kept out of this exercise.
The law officer said he would not like to undermine the sanctity of the Election Commission as a constitutional body.
The top court, while listing the PIL of lawyer Ashwini Updhyay for further hearing on Thursday, said all stakeholders should think on the issue and give suggestions so it could set up a body to deal with the "serious" matter.
Delhi Chief Minister Arvind Kejriwal on Tuesday said giving away crores of rupees from the government exchequer to "friends" will lead to economic crisis, and not by providing free facilities to people, insisting that there should not be a ban on pre-poll announcements by political parties.
His remarks came after the Supreme Court asked all the stakeholder, including the Centre, Niti Aayog, Finance Commission and the RBI, to brainstorm the issue of freebies announced during elections and come out with "constructive suggestions", noting that no political party would oppose freebies and debate on it in Parliament.
A bench comprising Chief Justice N V Ramana and Justices Krishna Murari and Hima Kohli, while hearing a public interest litigation (PIL), termed the issue of political parties promising freebies as "serious" and indicated that it would order setting up a body for suggesting measures to the government to deal with the issue.
The Centre, through Solicitor General Tushar Mehta, apprised the bench of its fresh stand in the matter and supported the PIL, saying the distribution of freebies inevitably leads to "future economic disaster".
"Providing facilities to the people for free will not cause an economic crisis," Kejriwal said in a series of tweets in Hindi, reacting to the apex court's directive.
But there will be an economic crisis "by giving free benefits of lakhs of crores of rupees to friends," the Aam Aadmi Party (AAP) national convenor added in a veiled attack on the BJP-led central government.
Kejriwal questioned the move to bring the spotlight on the issue and wondered how the announcement of freebies during elections would lead to an economic crisis.
"Ban on announcements before elections? Why? How will announcements lead to economic crisis?" he asked.
Without naming anyone, he alleged, "their target is somewhere else."
Kejriwal insisted that there should not be a ban on announcement of freebies during elections and called on the people to consider whether the governments should provide good education to children and free medical treatment to people or waive the repayment of loan of those "looting" the country's banks.
"Whether our children should get free/good education, whether every Indian should get good medical treatment for free or outstanding loan of those looting the bank be waived -- the country should consider this," he said.
Kejriwal, however, favoured giving loan waiver as well as "free or cheaper" facilities to private companies.
He also favoured providing facilities to the ministers for free.
"Announcements should not be banned. That not more than a part of the government budget is spent on free(bies) may be considered," he said.
He added, "Free should include facilities provided to the ministers and the free/cheap facility and waiver of loans to any company."
The AAP has been defending the announcement of freebies during elections since Prime Minister Modi, while addressing an event organised to inaugurate 296-km Bundelkhand Expressway in Uttar Pradesh last month, cautioned people against what he called as "revadi culture" of offering freebies for garnering votes, and called it "very dangerous" for the development of the country.
The AAP, which formed its government in Punjab after a landslide victory in the assembly polls earlier this year, is gearing up to contest all seats in the upcoming assembly elections in BJP-ruled Gujarat and Himachal Pradesh.
Kejriwal recently announced that his party will provide 300 units of free electricity per month to every household in Guajrat and also gave a guarantee of providing job to every youth in the state if voted to power in the upcoming assembly elections.
He also promised to give an allowance of Rs 3,000 per month to those unemployed in the state if his party is voted to power.
The AAP on Tuesday released its first list of 10 candidates for the upcoming Gujarat polls.
(With PTI Inputs)