New Delhi: Ahead of Assembly elections in four states and the Union Territory of Puducherry, the Supreme Court on Thursday agreed to take up next month a public interest litigation (PIL) seeking strict action against political parties promising or distributing what have been termed as “irrational freebies” during elections.
The PIL, filed by advocate Ashwini Kumar Upadhyaya, seeks directions to the Election Commission to either seize the election symbol of political parties or deregister them if they indulge in such practices. Appearing before a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, the petitioner argued that making unrealistic promises to voters amounts to a corrupt electoral practice.
“Except the sun and the moon, everything is promised during elections,” Upadhyaya submitted, urging the court to urgently list the matter for hearing in view of the upcoming polls.
Taking note of the submissions, the Chief Justice said the issue would be listed for hearing in March. Justice Kant observed that the matter was of “paramount importance” and involved serious public interest issues, warranting consideration by a three-judge Bench.
The states and Union Territory scheduled to go to polls include Assam, West Bengal, Kerala, Tamil Nadu and Puducherry.
The Supreme Court had earlier, on January 25, 2022, issued notices to the Centre and the Election Commission on the same PIL, observing that the issue of freebies was serious, with some states allocating budgets exceeding their regular expenditure.
The petitioner has sought a declaration that promises of irrational freebies from public funds unfairly influence voters, disturb the level playing field, and undermine the sanctity of free and fair elections. Alternatively, he has urged the Centre to consider enacting a law to regulate such promises.
However, political parties including the Aam Aadmi Party (AAP), DMK and Congress, which have intervened in the case, have argued that welfare schemes for the poor must be clearly distinguished from irrational freebies.
In a related observation on February 12, 2025, the Supreme Court had expressed concern over the growing freebie culture, remarking that such schemes were discouraging people from working. A Bench led by then Justice B R Gavai had warned that unchecked freebies could create dependency and harm the nation’s economic and social fabric.
Considering the complexity of the issue, the apex court had on August 26, 2022 referred the matter to a three-judge Bench, noting the need to examine the scope of judicial intervention and revisit its 2013 ruling in Subramaniam Balaji vs Government of Tamil Nadu, which held that manifesto promises do not constitute corrupt practices.
The court had also suggested forming an expert committee to study the economic impact of freebies and to clearly define what qualifies as an irrational freebie.
