NEW DELHI: A bench headed by CJI UU Lalit on Tuesday directed for listing the pleas seeking ban on irrational freebies before a three judge bench at the “earliest.”The court said that the matter would be listed as early as possible considering the nature of the controversy and submissions made by the parties in the earlier hearings.
BJP leader Ashwini Upadhyay submitted that the three judges are required to re-look at the view taken by the court in Subramanian Balaji’s judgement. Calling Upadhyay’s plea as politically motivated, Senior Advocate P Wilson for DMK party urged the bench to dismiss the same.
Considering the contentions put forth by the counsels, CJI UU Lalit said, “Let it be listed. Let there be a comprehensive kind of treatment to the matter rather than a truncated aspect… let the matter be considered by a bench of 3 judges.”
On August 26, a bench of the then CJI NV Ramana, Justices Hima Kohli and CT Ravikumar had asked the three judge bench to consider whether its 2013 judgment which held that promises of freebies is not an electoral offense or corrupt practice needs to be overruled or not. The 2013 judgement had held that State distributing freebies in the form of colour TVs, laptops, mixer-grinders etc. to eligible and deserving persons was directly related to directive principles of the State Policy.
The SC had also opined that there were some issues which required extensive hearing before passing any concrete orders. The issues which were flagged by the bench related to scope of judicial intervention with respect to ban of freebies and whether appointment of expert commission to put forth suggestions on the issue would serve any purpose.
“Freebies may create a situation wherein the State Government cannot provide basic amenities due to lack of funds and the State is pushed towards imminent bankruptcy. In the same breath, we should remember that such freebies are extended utilising tax payers money only for increasing the popularity of the party and electoral prospects,” the bench said.
Also in top court
Maha crisis hearing on November 29
The SC on Tuesday posted the batch of pleas filed by rival groups of Shiv Sena in relation to Maharashtra Political Crisis for November 29, 2022. A five judge bench headed by Justice DY Chandrachud asked the lawyers to complete the compilation in the case and formulate salient issues to be taken up within four weeks.
Plea on voting rights of NRI, migrants cast out
Recording the Centre’s assurance that issue related to voting rights of NRI’s & migrant labourers has been gaining attention of functionaries & solution will be found, the SC on Tuesday disposed
of a 9-year-old plea seeking to facilitate voting rights for NRI and migrant workers. The A-G said that every step shall be undertaken to see that persons living outside India and migrant labourers do vote.
‘No EVM display of candidate qualification’
The SC on Tuesday junked a plea seeking to use Name, Age, Qualification and photograph of contesting candidates on ballot and EVM instead of symbols of political parties. The bench however urged the Election Commission to consider the representation made by BJP leader Ashwini Upadhyay.