New Delhi: The Supreme court on Tuesday observed that it can not refuse to interfere in the petition seeking a ban on political parties offering freebies. It said that it is not possible for it to decide the complete issue but it has taken up the matter with good intention so that a debate is initiated and something is done.
The bench comprising Chief Justice of India NV Ramana, Justice Hima Kohli, and Justice CT Ravikumar was hearing a plea by BJP member and advocate Ashwini Upadhyay seeking ban on political parties offering freebies. Some lawyers involved in the issue had advocated against the court's interference in the matter considering the nature of the issue. "Tomorrow suppose a state discontinues a particular scheme and a beneficiary comes to us saying that it is discontinued, will we refuse to hear? ....Can we say that the Government of India can do whatever it wants? It's judicial scrutiny," said the CJI.
CJI said that the court had suggested the formation of a committee because everyone wants freebies, and a committee could act as a neutral platform for discussion over the issue. CJI said that the issue is not limited only to the election promises, but later on as well which has to be looked at.
"Initially I had thought of putting it before Parliament, but now we are running short of time because of me(retirement)...now I am thinking if we can do something about the committee, ultimately we are not going to say that not all suggestions have to be accepted, ultimately it will have to be debated, for debate also, background is needed which can be considered," said CJI.
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The Court observed that who will head the committee is also an issue that needs to be looked at. EC in its affidavit had refused to be a part of the committee because of its constitutional status. During the hearing, SG Tushar Mehta appearing for the central government told the court that there is no problem with the schemes framed to uplift the downtrodden but the problem starts when free sarees, TV sets, and electricity are offered without taking into account the finance which can lead to economic disaster.
"The problem with the freebies is that there cannot be a watertight compartment. Houses and roads in rural areas give livelihoods. Cycles given by states, it was reported that it has changed the lifestyle, the girls can go to school, people travel," said CJI. He said that for a person a small road can make a huge difference so deciding what is to be considered a freebie and what not is an issue.
CJI also told the AAP government being represented by AM Singhvi that making of the election promise without budgetary support can not be permitted. During the hearing, CJI also pulled up the advocate representing DMK. "I have a lot of things to say. Don't think you are the only wise party appearing. Don't think we are ignoring all that is being said just because we are not saying anything," said CJI. The matter was adjourned.
