pil-challenges-election-freebies-supreme-court-to-hear-ashwini-upadhyay-s-case-before-general-elections

The Supreme Court has agreed to hear a public interest litigation (PIL) challenging the practice of political parties promising freebies during elections, just ahead of the general elections commencing on April 19.

 

The PIL also seeks to direct the Election Commission to freeze election symbols and cancel the registration of such parties engaging in the practice.

 

A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra acknowledged the importance of the matter and decided to list it for hearing on Thursday.

 

Senior advocate Vijay Hansaria, representing the petitioner Ashwini Upadhyay, emphasized the urgency of the plea before the Lok Sabha polls.

 

The plea argues for a complete ban on populist measures aimed at garnering undue political favor from voters, citing violations of the Constitution. It calls for suitable deterrent measures to be taken by the Election Commission against such practices.

 

The petition contends that the promise of irrational freebies before elections not only influences voters but also disrupts the level playing field and undermines the purity of the electoral process. It likens this practice to giving bribes to the electorate at the expense of the exchequer, posing a threat to democratic values.

 

Seeking amendments to the Election Symbols (Reservation and Allotment) Order 1968, the petitioner urges the court to insert a condition prohibiting parties from promising or distributing irrational freebies from public funds before elections.

 

It argues that such actions violate various articles of the Constitution, including Article 14.

 

Currently, India has eight recognized national political parties, 56 state-level recognized parties, and approximately 2,800 registered unrecognised political parties.

 

With the seven-phase Lok Sabha elections set to begin on April 19 and end on June 1, the nomination process for 102 parliamentary constituencies across 21 states and Union territories began on Wednesday. Votes will be counted on June 4.