The Supreme Court on Wednesday said freebies given to voters during elections would not be debated in the Parliament as no party would like to take away the sops.
Terming it a serious issue, the top court also recommended to set up an expert body to find a solution to the problem.
Emphasising that freebies were leading to an "economic disaster" and distorting voters' decision making , Solicitor General Tushar Mehta supported doing away with the practice of promising freebies to voters. He also said the Election Commission should look into the matter.
The EC's counsel, however, said that its hands were tied due to a judgment of the top court on freebies.
Chief Justice N.V. Ramana also asked senior advocate Kapil Sibal for his opinion in the matter. Sibal said the issue is political and economical in nature. "ECI is MFI (Most Favoured Institution)," he said, adding: "The Parliament will have to debate."
To this, the CJI asked Sibal that "which political party will agree? Do you think there will be a debate in the Parliament? These days everyone wants freebies... no political party will take out freebies, as all want freebies".
The bench, which also comprised of Justices Krishna Murari and Hima Kohli, said the welfare of downtrodden people also needs to be taken care of...."
Senior advocate Vikas Singh, who was representing petitioner Ashwini Upadhyay, said those in power should bring out the source of money to fund freebies in public.
The Chief Justice suggested that the EC could prepare a "model manifesto" to control freebies.
The bench also said if the court would not have intervened if the EC had taken up the issue.
Terming the issue as serious, The CJI said that the EC and the Centre to consider the matter and give suggestions.
The bench suggested that the government along with the NITI Aayog, the Finance Commission, the Reserve Bank of India, the Law Commission, opposition, etc, would have to be engaged to thoroughly debate the matter to address the issue.
It asked the Centre, the EC, petitioners and Sibal to give suggestions within a week on the composition of an expert body that will examine the matter and submit reports.
The bench has scheduled the matter for further hearing next week.
Terming it a serious issue, the top court also recommended to set up an expert body to find a solution to the problem.
Emphasising that freebies were leading to an "economic disaster" and distorting voters' decision making , Solicitor General Tushar Mehta supported doing away with the practice of promising freebies to voters. He also said the Election Commission should look into the matter.
The EC's counsel, however, said that its hands were tied due to a judgment of the top court on freebies.
Chief Justice N.V. Ramana also asked senior advocate Kapil Sibal for his opinion in the matter. Sibal said the issue is political and economical in nature. "ECI is MFI (Most Favoured Institution)," he said, adding: "The Parliament will have to debate."
To this, the CJI asked Sibal that "which political party will agree? Do you think there will be a debate in the Parliament? These days everyone wants freebies... no political party will take out freebies, as all want freebies".
The bench, which also comprised of Justices Krishna Murari and Hima Kohli, said the welfare of downtrodden people also needs to be taken care of...."
Senior advocate Vikas Singh, who was representing petitioner Ashwini Upadhyay, said those in power should bring out the source of money to fund freebies in public.
The Chief Justice suggested that the EC could prepare a "model manifesto" to control freebies.
The bench also said if the court would not have intervened if the EC had taken up the issue.
Terming the issue as serious, The CJI said that the EC and the Centre to consider the matter and give suggestions.
The bench suggested that the government along with the NITI Aayog, the Finance Commission, the Reserve Bank of India, the Law Commission, opposition, etc, would have to be engaged to thoroughly debate the matter to address the issue.
It asked the Centre, the EC, petitioners and Sibal to give suggestions within a week on the composition of an expert body that will examine the matter and submit reports.
The bench has scheduled the matter for further hearing next week.
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