In, Ashwini Kumar Upadhyay vs Union of India & Anr. SC has held that, Freebies may create a situation wherein the State Government cannot provide basic amenities due to lack of funds and the State are pushed towards imminent bankruptcy.
Facts
In this batch of petitions there are two sets of writ petitions. The first batch relates to preelections freebies which may influence voters at the time of elections. The second set of petitions challenge the grant of benefits by Governments which do not relate to any welfare measure or developmental activity but rather are a ploy to capture vote banks.
The questions raised in the present set of petitions relates to promises made by political parties for the distribution of free goods (‘freebies’) as a part of their election manifesto or during election speeches.
Contention Made
Petitioner: That such preelection promise, which has a large-scale impact on the economy of the State, cannot be permitted. Hence, this goes against the spirit of responsible electioneering and is adversely affecting free and fair elections.
Respondent: That the Union has a very limited role when it comes to this issue and suggested that this Court may constitute a Commission to consider the same.
Court Observation
SC while examining the issue in the present batch of petition observed that, 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.
It is also necessary to highlight herein the point raised by some of the intervenors, that all promises cannot be equated with freebies as they relate to welfare schemes or measures for the public good. Not only are these a part of the Directive Principles of State Policy, but are also a responsibility of the welfare state.
Court Judgment
SC has held that This Court has generally stayed its hand when confronted with issues relating to policy or fiscal matters concerning the State, as the same falls outside the ambit of the Court’s jurisdiction. Initially, with the objective of initiating a discussion about the issues highlighted, we were of the opinion that it might be appropriate to constitute an expert body to prepare a report or white paper which could suggest a way forward.
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