New Delhi: The Supreme Court on Friday, August 26, directed listing of pleas, which have raised the issue relating to the practice of political parties promising freebies, before a three-judge bench.The day marked an historic first as the order was streamed live from the Supreme Court on the occasion of Chief Justice N.V. Ramana’s last day in the position. This was one of 20 orders from the Ceremonial Bench – the CJI’s court – broadcast today.The bench said it was argued by “many parties” that the 2013 judgement delivered by a two-judge bench of the apex court in the matter of S. Subramaniam Balaji vs The Government of Tamil Nadu and Others required reconsideration.In the 2013 judgement, the apex court had noted that after examining and considering the parameters laid in section 123 of the Representation of People Act, it arrived at a conclusion that the promises in the election manifesto cannot be read into section 123 for declaring it to be a corrupt practice.“The issues raised by parties require extensive hearing. Certain preliminary hearings need to be determined, such as what is the scope of judicial intervention, whether appointment of expert body by court serve any purpose, etc.,” the CJI said, according to LiveLaw.“Looking into the complexities of the issues involved and the prayer to overrule the judgement rendered by a two-judge bench of this court in Subramaniam Balaji, we direct listing of the set of petitions before a three-judge bench after obtaining the orders from the Chief Justice of India,” the bench further said.The top court said these pleas would be listed after four weeks.The hearing is for a public interest litigation or PIL filed by Bharatiya Janata Party Delhi spokesperson Ashwini Upadhyay and, seeking directions to the Election Commission, to not permit political parties to promise freebies during campaigns before elections.Upadhyay had said that parties make these promises without assessment of financial viability and that the process lets parties use tax payers’ money to remain in power.Two parties in opposition, the Dravida Munnetra Kazhagam and the Aam Aadmi Party have filed applications with the Supreme Court in response, opposing this stand.“The worries raised by the Petitioner that under the guise of welfare, fiscal responsibility is dispensed with, must also be considered,” the Supreme Court noted today, according to LiveLaw.In the last hearing of the matter, the court had asked the Union government as to why it could not call for an all-party meeting to discuss the issue.It had also held that political parties and individuals cannot be prevented from making poll promises aimed at fulfilling the constitutional mandate and the term “freebie” should not be confused with genuine welfare measures.(With PTI inputs)
