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Supreme Court Sends Freebie Petitions to Three-Judge Bench for March Hearing

The move sets up a fresh look at the 2013 Balaji ruling on whether pre-poll giveaways can count as corrupt practice.

Overview

  • A bench led by Chief Justice Surya Kant called the issue of pre-election freebies a matter of "paramount importance" and set it for a three-judge hearing in March.
  • The petitions seek reconsideration of the 2013 S. Subramaniam Balaji judgment that held manifesto promises do not amount to corrupt practices under the Representation of the People Act.
  • One PIL asks the court to permit seizure of a party’s election symbol or deregistration if it promises or distributes "irrational freebies" before polls.
  • The plea also urges directives to the Election Commission to amend the Election Symbols Order or for the Centre to enact a law to curb such promises.
  • Parties including AAP, DMK and Congress oppose the plea, arguing that "freebie" lacks a clear definition and that welfare measures should not be equated with corruption.