Tuesday 30 August 2022

Pursuant to a PIL, Supreme Court is currently hearing arguments from political parties / Central Government / Election Commission etc., in respect of political parties promising “ Freebies “ in their Poll Manifestos

SC has observed that :

# No political party wants a BAN on making such promises

# Political parties are blatantly flouting “ Model Code of Conduct “ / ignoring past

observations of SC

# Neither SC nor EC have the power to make a LAW in this regard

# Political parties are unlikely to reach any CONSENSUS for voluntary self-

regulation ( public knows too well )

# By making financially unsustainable promises, Political parties are leading the

country into bankruptcy

=========================================

MY SUGGESTION :

Dear Shri Narendrabhai,

You recently raked up this issue by your public reference to “ Revadi Culture “

I have no doubt that you are keeping a close watch on the observations /

arguments / views ( listed below ), expressed during PIL hearings

In light of these, if you are serious about bringing an end to this “ revadi culture “,

the only option left to you is to , introduce yourself , a BILL in the next session of

the Lok Sabha, as ( conceptually ) outlined below :

( 1 ) Preamble

We, the people of India , declare that our votes are not for sale and we want to

put a stop to Political Parties trying to bribe us by offering freebies in their election

manifestos

( 2 ) Name of the Act

“ Prevention of Irresponsible Promises by Political Parties Act “ ( PIPPPA )

( 3 ) Objective

Ensure that the Election Manifestos do not contain any promise of freebies

( 4 ) Punishment for breaking Law

Depending upon the “ Degree / Extent “ of the violation , EC would :

# Prevent the concerned party from contesting the election to which the

manifesto pertains

# Stop the concerned party from accepting any donations through Electoral

Bonds or even directly

# Deregister / derecognize the concerned party

# Declare the concerned party as “ illegal “ and seize all of its movable / non-

movable assets

( 5 ) Examples of typical Freebies ( not comprehensive / Items to be added or

deleted )

Cash / Depositing money in voter's bank account / Liquor Bottles / LPG Cylinders /

Free Rice / Food Packets / Payments of Electricity - Water Bills / Mass Feasts /

Screening of films / Laptops / Tablets / Bicycles / Mangal Sutras / Gold Coins /

Buffalos / Colour TV / Mixer – Grinder / Unemployment Allowance / Waiver of

loans / Free Houses / Free Education / Health Care / Roti - Kapada - Makaan /

Transport / Smartphones

I suggest that, while deciding whether an item of Poll Promise, constitutes a

FREEBIE or not, the Parliamentary Select Committee apply the following criteria :

( a ) Item must not be linked to Religion – Caste – Creed – Beliefs etc

( b ) If the Manifesto pertains to Lok Sabha / Rajya Sabha Elections, then the

item must not refer to any specific State – Region but should be applicable

to citizens of ALL States

( c ) Preferably, the benefits accruing from any particular item, must be long-

lasting and should not be for a short duration

( d ) As far as possible, item should be in the nature of “ Creation of an Asset “

which can be used by any citizen from any part of India . These could be

Infrastructure Projects ( Hospitals–Highways–Ports etc )

( e ) An item of Manifesto can be linked to ( based on ) :

# Economic Status ( eg; Poor people )

# Age ( eg : Children suffering from mal-nutrition )

# Health ( eg : People suffering from certain illnesses /

pandemics )

# Gendre ( eg : Women )

( 6 ) Process

Political Parties must publish their manifestos on,

# their own websites

# the website of Election Commission ( in prescribed FORMAT )

# At least 4 major National News Papers ( local language news-papers for State /

Municipal elections )

This should be done at least 6 months before the planned elections ( State or

Central ). Of course, this provision would require EC to publish a “ TENTATIVE

SCHEDULE of ELECTIONS “

( 7 ) Coverage

PIPPPA would cover Lok-Sabha / Rajya Sabha / States / Municipal Elections

( 8 ) Accountability

Against each and every item ( in Poll Manifesto ), there must be mention of :

# Amount of Money / Funds required ( One-time CAPITAL amount for Infra

Projects / Recurring Annual revenue expenditure for WELFARE measures for 5

years )

# How the Party proposes to “ finance “ ( eg: by raising existing taxes / levying

NEW taxes / Borrowing etc )

With regards,

Hemen Parekh / hcp@RecruitGuru.com / 29 Aug 2022

[ A ]….. Views of Supreme Court

Freebies can drive a state to bankruptcy just to further a political party’s electoral prospects, the Supreme Court noted on Friday as it called for an “extensive” hearing by a three-judge bench to adjudicate the preliminary issues surrounding freebies and electoral promises.

“Freebies may create a situation wherein the state government cannot provide basic amenities due to lack of funds and the State is pushed towards imminent bankruptcy.

In the same breath, we should remember that such freebies are extended utilizing tax payers’ money only for increasing the popularity of the party and electoral prospects,” said the bench, which also included justices Hima Kohli and CT Ravikumar.

Freebies will continue to destroy the economy unless there is a conscious decision taken by all political parties to stop such hand-outs, the Supreme Court had observed during the Wednesday hearing

On Tuesday, the court had remarked that it wants to facilitate a dialogue in Parliament, which could consider framing a law…..the court cannot pass any direction on electoral promises, and that the idea is to help Parliament with a report by the proposed panel.

( Source : ‘Freebies’ matter unresolved, will now go to 3-judge bench / 27 Aug 2022 )

Chief Justice Ramana said the court’s primary concern is that largesse dressed as freebies should not bleed the national economy dry and put more and more burden on the taxpayer. The Chief Justice explained that the purpose behind the proposed formation of a committee was to collect the “ experience and wisdom” of the ordinary citizen, the rural poor, and place the study before the Parliament as a background to debate on a law on freebies.

“But we find that in this issue, all political parties are on one side… Everybody wants freebies, everybody! That was exactly why we wanted a neutral body to look into the issue,” Chief Justice Ramana explained.

( source : All political parties on one side, everybody wants freebies: Supreme Court / 23 Aug 2022 )

But Chief Justice Ramana said freebies cannot be classified into such “water-tight compartments”. What may seem like freebies to the urban population may provide for the welfare of the rural poor.

“Until and unless there is a process or vision among political parties that ‘we have to stop somewhere’, these types of freebies, which will destroy the economy, will continue.

Nothing can happen by way of legislation, by way of Model Code of Conduct, by way of our orders. It will be unmanageable… If we pass an order, a mandamus, that from tomorrow onwards no political party should make these promises, nobody will care…

So, that is why there must be a debate. The issue is serious, no doubt about it. Why can't the Government of India call for a meeting of all political parties and ask for their views on how to go ahead?” Chief Justice of India N.V. Ramana, heading a three-judge Bench, asked.

[ B ]…… Views of Election Commission

( source:Election Commission backs Supreme Court on poll freebies panel but refuses to be on it / 11 Aug 2022 )

“It may not be appropriate for the Commission, being the constitutional authority, to offer to be part of the expert committee, especially if there are representations from ministries or government bodies, in the expert committee

Further there are continuous elections in the country, and any opinion / view / comment , during deliberations in a multi – member body might, in the event of being publicized , amount to pre-decide the issue and disturb the level playing field “, the EC said in an affidavit

The EC pointed out that it was the SC in its 2013 judgment which had held that promises made by the political parties and candidates in their manifestos, could neither be construed as a corrupt practise under the Representation of People Act nor violation of level playing field ( Article 14 )

To rub it in, the EC said in the 2013 verdict in ‘S Subramaniam Balaji vs Tamil Nadu case, the SC had declined to interfere in the schemes under which goods such as Gold, TVs, Laptops, Mixer-Grinders, Electric Fans , in addition to the distribution of solar powered Green Houses and milch animals and goats, to the targeted beneficiaries , were to be done free of cost , by the government

SC had held that distribution of such goods was directly related to Directive Principles of State policy and that whether incurring expenditure on the same and to what extent, was not to be determined by the Court but to be decided and debated in the legislature.

EC said in its previous affidavit, it had only pointed out the limitations on its part because of the SC judgement but was not portrayed by the SC during hearing, in a light that made the institution appear non-serious in tackling the menace of offering freebies

===================================================

[ C ]….. Views of Central Government

“ If a promise has been made to the people at the time of the election, you are looking at a quid pro quo. You should, as a responsible party, assume after you come to power, make a provision in the budget for it “

"The debate is not about what constitutes a freebie, but if you have given a promise, provision for it," she added.

( Burden of pre-poll promises must be borne via budgetary provisions: FM Nirmala Sitharaman / 27 Aug 2022 )

Solicitor General Tushar Mehta, for the Centre, however submitted that the court cannot remain a “mute spectator” to outlandish promises of free sarees, TVs, electricity or water.

“What if the parties make false promises burdening the finances in such a way that they destroy the national economy?” Mr. Mehta asked.

[ D ] ….. Views of the Petitioners

Senior advocate Vijay Hansaria, for petitioner Ashwini Kumar Upadhyay, said, “Political parties cannot say ‘who is the Supreme Court’ when freebies they offer may disturb the fiscal discipline of the country.”

Senior advocate Gopal Sankaranarayanan, for the petitioner, said “freebies” would be “easier to define by what they are not”.

He said free education, healthcare, drinking water, sanitation, electricity, etc., were statutory obligations of States and part of people’s rights under Article 21.

On the other hand, “freebies” like mixers, TVs, grinders, scooters, cash, etc., do not serve any public purpose and cater to only sections [of the electorate].

Freebies could be identified for benefits which were not extended to address a crisis or an emergency.

Senior advocate Vikas Singh, also for the petitioner, said the petition was focussed on pre-election promises of irrational freebies.

The main contention was that a political party making such a “wild” offer should also say where it would get the money from.

Advocate Prashant Bhushan said three types of freebies were dangerous. Those which are discriminatory in nature, those which are against public policy and those rolled out immediately, say six months, before elections and disturb the level playing field.

“Mr. Bhushan says promises should not be made six months before elections. Then parties will make it nine months before polls. So, should there be a standstill in governance in view of an impending election? Today, people are not so gullible with literacy anywhere between 60% to 90%... Let us not assume that everybody can fool the public every time,” Mr. Singhvi said.

Sources :

https://www.thehindu.com/news/national/why-cant-govt-call-all-party-meeting-to-discuss-freebies-sc-asks-centre/article65805288.ece

https://economictimes.indiatimes.com/news/india/why-cant-centre-form-panel-to-study-impact-of-freebies-asks-sc/articleshow/93761838.cms?from=mdr

https://timesofindia.indiatimes.com/india/why-not-an-all-party-meet-on-freebies-supreme-court-tells-centre/articleshow/93762786.cms

https://www.business-standard.com/article/current-affairs/why-not-call-an-all-party-meeting-to-hear-freebies-issue-sc-asks-centre-122082401386_1.html

https://www.thehansindia.com/hans/opinion/news-analysis/sops-for-votes-pushing-nation-to-brink-726760

https://www.tribuneindia.com/news/jalandhar/open-house-should-sops-or-good-governance-be-a-priority-for-political-parties-to-seek-votes-326129

Related Readings ( 26 ) :

2013 ( 6 ) :

Ø Needed - your Declaration of Intent - NOW ! ……….[ 19 Sept 2013 ]

Ø BJP Poll Manifesto ……………………………………………………[ 19 Oct 2013 ]

Ø Selling Dreams ?.............................................. [ 04 Nov 2013 ]

Ø Issues Vs Non – Issues …………………………………………….[ 18 Nov 2013 ]

Ø Perennial Poll Promises…………………………………………….. [ 15 Dec 2013 ]

Ø Congressmen are Confused ! …………………………………… [ 31 Dec 2013 ]

2014 ( 7 ) :

Ø Robinhood of Delhi ?............................................ [ 01 Jan 2014 ]

Ø An Unprecedented Opportunity…………………………………. [ 04 Jan 2014 ]

Ø Selling Rainbows ?............................................... [ 22 Jan 2014 ]

Ø Poll Promises ? Tall Promises ? …………………………………..[ 23 Feb 2014 ]

Ø If / Then…………………………………………………………………………[ 06 Apr 2014 ]

Ø Bribing The Voters……………………………………………………….. [ 28 Apr 2014 ]

Ø What Are the Chances ?..........................................[ 18 May 2014 ]

2016 ( 2 ) :

Ø Advantage , Incumbent ?....................................... [ 05 Sept 2016 ]

Ø A Freebie that cannot be Faulted ? ………………………………[ 25 Dec 2016 ]

2017 ( 5 ) :

Ø Model Code of ( Hypocrite ) Conduct ? …………………………[ 07 Jan 2017 ]

Ø We are not bribing the Voters !................................ [ 10 Jan 2017 ]

Ø Time to ditch Model Code of Conduct ?...................... [ 22 Jan 2017 ]

Ø " Election Reforms " Summarized…………………………………. [ 18 Aug 2017 ]

Ø Poll Reforms : Time for a Consensus…………………………….. [ 21 Aug 2017 ]

2018 ( 2 ) :

Ø Citizen’s Charter of Demand ……………………………………………[ 29 Oct 2018 ]

Ø Divide Quota ? To rule Raj ? …………………………………………….[ 03 Dec 2018 ]

2019 ( 1 ) :

Ø Simple Summary of Sankalp …………………………………………….[ 10 Apr 2019 ]

2020 ( 1 ) :

Ø Poll Promise to create 10 lakh jobs……………………………….. [ 21 Oct 2020 ]

2022 ( 2 ) :