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[Freebies-Constitution of Expert Body] SC: Freebies May Create Situation Wherein State Government Cannot Provide Basic Amenities ; Read Judgment

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In, Ashwini Kumar Upadhyay vs Union of India & Anr. SC has held that, Freebies may create a situation wherein the State Government cannot provide basic amenities due to lack of funds and the State are pushed towards imminent bankruptcy.

Facts

In this batch of petitions there are two sets of writ petitions. The first batch relates to pre­elections freebies which may influence voters   at   the   time   of   elections.   The   second   set   of   petitions challenge the grant of benefits by Governments which do not relate to any welfare measure or developmental activity but rather are a ploy to capture vote banks.

The questions raised in the present set of petitions relates to promises made by political parties for the distribution of free goods (‘freebies’) as a part of their election manifesto or during election speeches.

Contention Made ;

Petitioner: That such pre­election promise, which has a large-scale impact on the economy of the State, cannot be permitted. Hence, this goes   against   the   spirit   of   responsible   electioneering   and   is adversely affecting free and fair elections.


Respondent: That the Union has a very limited role when it comes to this issue and suggested that this Court may constitute a Commission to consider the same.

Court Observation

SC while examining the issue in the present batch of petition observed that, Freebies may create a situation wherein the State Government cannot provide basic amenities due to lack of funds and the State is pushed towards imminent bankruptcy.


It is also necessary to highlight herein the point raised by some of the intervenors, that all promises cannot be equated   with   freebies   as   they   relate   to   welfare   schemes   or measures for the public good. Not only are these a part of the Directive Principles of State Policy, but are also a responsibility of the   welfare   state.

Court Judgment

SC has held that This Court has generally stayed its hand when confronted with issues relating to policy or fiscal matters concerning the State, as the   same   falls   outside   the   ambit   of   the   Court’s   jurisdiction. Initially, with the objective of initiating a discussion about the issues   highlighted,   we   were   of   the   opinion   that   it   might   be appropriate to constitute an expert body to prepare a report or white paper which could suggest a way forward.


Read Judgment;

 

  


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