ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) 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. The main contention of the petitioners is that such pre ­election promises, which have a largescale impact on the economy of the State, cannot be permitted. The petitioners submit that such pre ­election promises are being made by political parties without any assessment of the financial implications on the State is nothing but an attempt to attract the vote bank. This goes against the spirit of responsible electioneering and is adversely affecting free and fair elections. This severely affects the level playing field between the different political parties. The money that is being paid by the taxpayers is ultimately being misused for political parties/candidates to gain or retain power.

(2.) In this batch of petitions there are two sets of writ petitions. The first batch relates to pre ­elections 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.

(3.) The learned Solicitor General of India has responded to the above submissions by stating 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.