New Delhi: The Election Commission of India(ECI) has informed the Supreme Court that it doesn't have the power to de-register political parties based on their pre-election promises of freebies as it is a policy decision of the party and whether such policies are financially viable or not, has to be decided by the voters. "The Election Commission of India cannot regulate state policies and decisions which may be taken before or after elections by political parties. Such an action, without enabling provisions in the law, would be an overreach of powers," submitted ECI.
The poll body said that as per the court's judgment in INC vs Social welfare and others (2002), the party can be de-registered by them only on three grounds. One, when registration has been obtained fraudulently or with forgery, second, when a party has ceased to have faith and allegiance to the constitution or to the principles of socialism, secularism, and democracy or it would not uphold the sovereignty, unity, and integrity of India to comply with section 29(5) of the RPI act and lastly on any ground where no inquiry is called for on the part of the commission.
"An addition of another condition i.e barring political parties from promising/distributing freebies from the public fund before the election as prayed above may result in a situation where the parties will lose their recognition even before they display their electoral performance in the elections. As the intent behind adding paras 6A, 6B and 6C is to grant or take away recognition of a party based on electoral performance, the exercise of this power by the Election Commission of India before the election will defeat the very purpose of these provisions," submitted ECI.
The ECI's response has come over the plea filed by BJP member and Advocate Ashwini Upadhyay who had sought directions to the ECI to de-register a political party that promises freebies from the public funds and mark such luring by the political parties as bribery and undue influence under Section 171 B, Section 171C of the IPC. He had sought directions to declare the promise of distribution of free goods and services, which are not for the public purpose, but from public funds, before election violative of the constitution.
The ECI has told the court that it has made recommendations to the Law Ministry to enable it to exercise the powers to de-register a political party and to issue necessary orders regulating the registration and de-registration of political parties.
