India

Supreme Court to Hear PIL Against Election Freebies Ahead of 2024 Lok Sabha Poll

The Supreme Court is set to address a Public Interest Litigation (PIL) challenging the practice of political parties offering freebies during elections, a significant development occurring just weeks before the commencement of the 2024 Lok Sabha elections starting on April 19.

A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra stated on Wednesday that they would consider the matter the following day, after the petitioner’s lawyer mentioned it for expedited hearing.

The plea advocates for a complete prohibition of populist measures aimed at garnering undue political advantage from voters, citing violations of the Constitution. It calls upon the Election Commission of India to implement appropriate preventive measures, as reported by news agency ANI.

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Senior advocate Vijay Hansaria, representing lawyer and PIL petitioner Ashwini Upadhyay, highlighted the urgency of the matter, stressing the need for a hearing before the Lok Sabha polls.

What’s the gist of the PIL?

The PIL urges the apex court to declare that the pre-election promise of unreasonable freebies funded by public resources unduly influences voters, disrupts the level playing field, and contaminates the integrity of the electoral process.

According to the PIL, the recent trend of political parties offering freebies as an electoral strategy poses a significant threat to democratic values and undermines the essence of the Constitution. It equates this practice to bribery of voters using public funds to secure power, emphasizing the importance of averting such actions to safeguard democratic principles.

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The petition also seeks a directive for the Election Commission to incorporate an additional condition in the relevant sections of the Election Symbols (Reservation and Allotment) Order 1968, stipulating that political parties must refrain from promising or distributing unreasonable freebies before elections.

Furthermore, the petitioner implores the Supreme Court to affirm that the commitment or dissemination of private goods or services, not intended for public purposes and funded by public coffers before elections, violates various articles of the Constitution, including Article 14.

Lok Sabha elections on the horizon:

The 18th Lok Sabha elections, spanning seven phases, are scheduled to commence on April 19 and conclude on June 1, with vote counting slated for June 4.

Kavya Bhatt

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