The Supreme Court on Tuesday observed that the issue of freebies promised by political parties is an important one and a debate is needed on it.
“Suppose Centre makes a law that states cannot give freebies, so can we say such a law is not open to judicial scrutiny. For the welfare of the country, we are hearing this issue,” Chief Justice of India NV Ramana said while hearing arguments in court.
The CJI asserted that it is the top court's prerogative to take up the matter and said an expert panel has to be formed to brainstorm the issue of freebies announced during elections.
Senior advocate Kapil Sibal, whose opinion the CJI had sought in the case, recommended that the Finance Commission should take up the matter.
“Once the issue is debated, how do you deal with that is my question. A body that is non political can deal with it. That's the Finance Commission,” said Sibal.
He went on to explain, “In the fiscal responsibility management Act passed by the Parliament, you cannot have the deficit beyond 3 per cent. If the freebies are there it will take the deficit beyond 3 per cent. The finance division of the state takes up the issue of allocation of the funds. You have to deal with freebies not politically but through fiscal planning.”
Counsel for the petitioner Vikas Singh said the case they were making was about freebies promised at time of elections. The matter at hand was being deflected and delayed, said Singh, and called on the court to issue directions so that either a law is passed by Parliament or for Election Commission to frame rules on freebies.
“We are not saying the government shouldn't give welfare measures. We are saying promises at time of elections should be controlled. Voter should know where the money for the scheme is coming from. Where the money will come from should be part of the manifesto,” the petitioner argued.
Advocate Gopal Sankarnarayanan said freebies can take many forms. “Freebie is not a statutory or constitutional obligation. Education, healthcare, water, sanitation, electricity etc are state obligations. If there are schemes for deprived sections, can it be a freebie?” he said.
Solicitor general Tushar Mehta, appearing for the Centre, argued that nobody can question the responsibility of any party to uplift the downtrodden and take up social issues. But promising freebies has become an art and could lead to devastating economic situation, he claimed.
“Some party distributes saris, someone says everything will be free Suppose a party starts saying we will not collect taxes? No property taxes? Voter has a right to informed choice. Can you make promises that you can't fulfill financially?” Mehta said.
The CJI noted that all political parties, even the BJP, wants freebies. He also rapped lawyer for DMK P Wilson during the hearing, saying, "We are watching what your ministers are saying.”
The court will continue hearing the matter on Wednesday.