The Supreme Court of India on Friday declined to grant an urgent hearing to a public interest litigation that seeks to deregister political parties and seize their symbols for promising or distributing irrational freebies before elections.
A three-judge bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana stated that the court is currently overwhelmed with cases and the matter would have to wait. The decision came despite requests for an early listing from petitioner and advocate Ashwini Upadhyay, who was supported by senior advocate Kapil Sibal.
Upadhyay informed the bench that the court had previously agreed on February 5 to hear the petition in March. He argued that the matter required immediate attention as both sides had already agreed to the formation of a committee to examine the issue. He also noted that the central government and the Election Commission of India were served notices regarding the petition back in 2022.
The legal action originated on January 25, 2022, when a bench led by then-Chief Justice N.V. Ramana issued notices to the Centre and the Election Commission. During that initial hearing, the court described the issue as highly serious, noting that spending on pre-election freebies sometimes exceeded regular state budgets.
Constitutional Objections To Freebies
Filed through advocate Ashwani Kumar Dubey, the petition argues that promising irrational freebies using public funds prior to elections unduly influences voters, disrupts the level playing field, and compromises the integrity of the electoral process. The petitioner compared the practice to bribing the electorate at the expense of taxpayers to secure power, calling it a severe threat to democratic values and the spirit of the Constitution.
According to the petition, utilizing public funds to distribute private goods and services that do not serve a public purpose violates several constitutional provisions. These include Article 14, which guarantees equality before the law, as well as Articles 162, 266(3), and 282. The plea also noted that the distribution of cash and freebies has escalated to levels that have previously forced the countermanding of elections.
Proposed Regulatory And Legislative Measures
To address the issue, the petition seeks a directive ordering the Election Commission to amend the Election Symbols (Reservation and Allotment) Order, 1968. Specifically, the petitioner wants an additional condition inserted into the rules governing the recognition of state-level political parties, which would bar them from promising or distributing irrational freebies using public funds before polls.
As an alternative measure, the plea urges the court to direct the central government to enact a dedicated law prohibiting the practice. The petition also highlighted recent freebie promises made by various political parties in the run-up to assembly elections in several states.
