Offering freebies is a policy decison of a political party-ECI

The Election Commission of India (ECI) has told the Supreme Court that offering or distributing freebies either before or after an election is a policy decison of a political party.

• The ECI was replying to a petition filed by advocate Ashwini Upadhyay that the promise and distribution of “irrational freebies” by political parties amounted to bribery and unduly influencing voters and it vitiated free and fair elections in the country.

Election Commission’s reply

• Whether such policies are financially viable or have adverse effect on the economic health of the State is a question that has to be considered and decided by the voters of the State.

• It cannot regulate policies and decisions that may be taken by the winning party when they form the government.

• The ECI referred Supreme court’s decision in the S. Subramaniam Balaji case, 2013 that the poll body cannot intervene in promises made in election manifestos released by parties before the announcement of the election dates, after which the Model Code of Conduct (MCC) kicked in.

• The recognition and continuation of state and national parties are based on one touchstone — electoral performance.

• The EC clarified that it does not have power to deregister a political party, except on three grounds, which were outlined by the top court in case of Indian National Congress Vs Institute of Social Welfare and others (2002).

• As per three grounds, parties can be de-registered only if they had registered through fraud or forgery or if they were declared illegal by the Centre or if they had stopped abiding by the Indian Constitution.

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