Supreme Court Issues Notice on PIL Seeking Ban on Election Freebies

The Supreme Court on Monday issued notice to the Central government, the Election Commission of India, and the Comptroller and Auditor General on a Public Interest Litigation seeking a ban on the announcement of "irrational freebies" by political parties before elections.

A bench of Chief Justice of India Justice Surya Kant and Justice Joymalya Bagchi ordered that the petition be tagged with a batch of similar pending matters for hearing.

What the PIL Demands

The petition, filed by advocate Narendra Goswami, seeks a declaration that promising or distributing freebies from public funds as electoral inducements constitutes "bribery" and a "corrupt practice" under Section 123(1) of the Representation of the People Act, 1951.

The plea argues that the growing trend of electoral promises — including cash doles, consumer goods, and other material benefits — amounts to what it describes as a "systemic, sophisticated and State-sanctioned bribe" that undermines the constitutional framework of free and fair elections.

"This is not a mere petition; it is a clarion call… to prevent the soul of the Indian Republic from being bartered away, election after election," the plea stated, warning that India risks becoming an "auction house" where votes are exchanged for material inducements.

Also Read: Are we not creating a class of parasites? Supreme Court flags freebies

A 'Transactional' Threat to Democracy

The petition argued that such practices create a "one-to-one transactional relationship" between voters and political parties — fostering quid pro quo arrangements that vitiate the integrity of elections.

It also relied on fiscal data to argue that freebie schemes are economically unsustainable, claiming that governments are increasingly borrowing to fund such promises and thereby imposing a financial burden on future generations.

Key Directions Sought From Court

The PIL has sought several specific directions from the Supreme Court. It has asked the Election Commission to require political parties to disclose the financial implications of their promises through a mandatory "Fiscal Impact Statement," and to take action — including de-recognition — against parties that violate such norms.

It has also urged the court to direct the CAG to conduct a performance audit of freebie schemes to assess whether they meet the "public purpose" requirement under Article 282 of the Constitution.

2013 Judgment in the Crosshairs

The petitioner has further urged the Supreme Court to reconsider and overrule its 2013 judgment in S. Subramaniam Balaji vs. State of Tamil Nadu — a ruling that held the distribution of free colour television sets by the DMK government after winning the Tamil Nadu Assembly elections could not be treated as a corrupt practice under the Representation of the People Act.

The PIL contends that the 2013 ruling erroneously treated election promises as mere policy decisions and failed to account for their alleged quid pro quo nature.

Broader Issue Already Before the Court

The question of poll freebies is not new to the Supreme Court. A similar petition filed by advocate Ashwini Kumar Upadhyay is already pending before the apex court, and Monday's PIL is expected to be heard alongside that matter.