Offering, distributing freebies is a policy call of a political party: ECI

Poll panel tells Supreme Court that it does not have powers to de-register parties

Offering or distributing freebies either before or after an election is a policy decison of a political party, the Election Commission of India (ECI) has told the Supreme Court.

The poll body was replying to a petition filed by advocate Ashwini Upadhyay that the promise and distribution of “irrational freebies” by political parties amounted to bribery and unduly influencing voters. It vitiated free and fair elections in the country, the petition said.

But the ECI adopted a hands-off approach, saying “whether such policies are financially viable or have adverse effect on the economic health of the State is a question that has to be considered and decided by the voters of the State”.

The election body said it cannot regulate policies and decisions that may be taken by the winning party when they form the government.

“Such an action, without enabling provisions of law, would be an overreach of powers,” the ECI said in its affidavit.

The ECI referred to the top court’s own decision in the S. Subramaniam Balaji case that the poll body cannot intervene in promises made in election manifestos released by parties before the announcement of the election dates, after which the Model Code of Conduct (MCC) kicked in.

It said new MCC guidelines were framed in consultation with political parties, keeping in mind the potential influence freebies may have on a level playing field. A letter from the ECI had even advised parties to submit their declarations along with copies of manifestos.