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Supreme Court to Hear Freebies Petitions Early, Draws Line Between Giveaways and Welfare

The bench set the stage for a quick hearing that could reassess how pre‑poll giveaways are treated.

Overview

  • A bench led by Chief Justice Surya Kant called the issue “very important” and agreed to prioritise an early listing of the petitions.
  • The Court orally distinguished large-scale distributions to individuals from investment in welfare schemes, stressing that the difference must guide any review.
  • Petitions seek reconsideration of the 2013 S. Subramaniam Balaji ruling and ask whether such giveaways qualify as a corrupt practice under Section 123 of the Representation of the People Act.
  • The judges questioned the absence of a dedicated diversion of revenue surplus toward development, citing obligations like free medical care and education under the Directive Principles.
  • Fiscal concerns were highlighted, with the petitioner alleging a sharp rise in national debt and the RBI reporting higher subsidy outlays, while proposals include Election Commission sanctions or an expert committee.