New Delhi: The Election Commission has no jurisdiction to decide what constitutes “freebies” and is rather mandated with conducting free and fair polls, the Congress told the poll panel on Friday. The EC had recently asked the political parties to give their views on the issue on Oct 4. The Congress submitted its response on Oct 20.
The grand old party has raised three issues before the poll panel, saying whether it had the jurisdiction to decide on the freebies, how it would define the term and what action would be taken on the various violations of norms by the PM himself.
“It is our opinion that this Commission has, in the past, demonstrated great wisdom and restraint in the exercise of this power choosing to circumscribe and limit campaign actions which tilt the field in favour of one party over the other. However, such power has always been exercised and guided by the statutory context.
In other words, electoral offences outlined in Chapter IXA of the Indian Penal Code, 1860 and the Representation of Peoples Act, 1951 help the Commission determine what is per se legal and illegal. In fact, the specific bans on communal rhetoric, hate speech, undue influence, etc. all flow from these statutes.
Thus, if the ECI were to consider such a ban it would necessarily need to pass parliamentary muster first. Furthermore, even in Part VIII of the Model Code of Conduct for the Guidance of Political Parties and Candidates, 2015, the ECI puts forth general guidelines which essentially call for making campaign promises in a responsible manner,” the Congress response said.
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“We feel this whole debate which started after the PM’s July 16 rally at Bundelkhand is misplaced. There is no place for such a debate in a welfare state. The parties discuss such issues internally and then make promises in their respective manifestoes. The voters then judge them and vote accordingly. This issue should best be left to the people in a democracy,” Congress spokesperson Supriya Shrinate said.
According to Shrinate, the party had listed some instances where the PM allegedly misused the armed forces and the railways for political gains and has asked the poll panel if it would take some action in the matter.
Making a comparison, the grand old party further said that while it had made responsible promises and later enacted laws over them like the RTI, RTE, MGNREGA, and Food Security Act, the BJP made false promises like 2 cr jobs per year, 15 Lakhs per account, $5 Trillion economy and housing for all.
“Will the BJP respond over these hollow promises or the EC,” said Shrinate.
She further slammed the Centre over huge tax waivers for the corporates and wondered if the sustenance provided for the poor through welfare schemes came under the freebies category.
“If what is given to the poor is Revdi then what will we call what is given to the rich corporates, Asharfi?” she said, in a dig at the PM’s recent remarks criticizing the opposition parties for announcing freebies to lure the voters without thinking about the cost to the exchequer.
