SC to hear PIL to deregister parties promising 'irrational freebies'
What's the story
The Supreme Court has agreed to hear a public interest litigation (PIL) seeking action against political parties that promise or distribute "irrational freebies" before elections. The PIL, filed by lawyer Ashwini Upadhyay, seeks directions to seize the symbol or deregister such political parties. "Except Sun and Moon, everything is promised by political parties to voters during elections and this amounts to corrupt practice," the lawyer said.
SC
This is an important issue: CJI
Updhyaya informed a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi that the notices on his PIL were sent to the Centre and the Election Commission in 2022, and he requested them to list the case quickly. "This is an important issue. You please remind us and mention it at the end. We will list in March," the CJI said in response.
Democratic concerns
PIL argues against freebies from public funds
The PIL argues that promises of "irrational freebies" from public funds before elections unduly influence voters and vitiate the purity of the electoral process. It claims this practice is akin to bribing voters at taxpayers' expense. The petition also seeks a direction to the Centre to enact legislation against such practices, which it says threaten democratic values and violate constitutional principles.
Legal amendments
Petition seeks amendment to Election Symbols Order
"This...practice is just like giving bribes to the electorate at the cost of the exchequer to stay in power and must be avoided to preserve democratic principles and practices," it said. The petition also calls for an amendment to the Election Symbols (Reservation and Allotment ) Order 1968, adding a condition that political parties shouldn't promise or distribute irrational freebies from public funds before elections. It argues that such promises violate Article 14 (equality before law) and other constitutional provisions.
Past proceedings
Previous SC bench acknowledged seriousness of issue
A previous Supreme Court bench, led by then Chief Justice NV Ramana, had also acknowledged the seriousness of this issue. The bench had sought responses from the Centre and the Election Commission on this matter in January 2022. It noted that "sometimes 'freebie budget is going beyond regular budget.'" The PIL now awaits a hearing in March 2026 at the apex court.