The Judgement of 2013 held that promises in the election manifesto did not constitute a ‘corrupt practice’ under the Representation of People (RP) Act. A two Judge Bench led by J. Subramanya Balaji has held that”although the law is obvious that the promises in the election manifesto cannot be construed as ‘corrupt practice’ under Sec. 123, Representation of People Act (RP Act), the reality cannot be ruled out that the distribution of freebies of any kind undoubtedly, influences all the people”.
On Friday a bench led by Chief Justice of India, J.N.V Raman ordered a 3 Judge Bench to be set up to review the court’s earlier position that such pre poll promises made by political parties to entice voters donot fall within the ambit of ‘corrupt practices’ under RP Act.
The Bench of Chief Justice said that the 3 Judge Bench should consider whether an ‘enforceable order can be passed to stop the political parties in power from promising and distributing the “irrational freebies” completely divorced from actual welfare schemes, using public money inorder to merely capture the vote banks.
The Court said “freebies may create a situation wherein the State Government cannot provide basic amenities due to lack of funds and the state is pushed towards eminent bankruptcy”.
The 3 Judges Bench should also deliberate if an expert body can be formed to independently study and make recommendations against distribution of freebies at the cost of national economy and public welfare.
