There is no doubt that the entire politics of the country revolves around free schemes. It is a fact that this type of ‘Freebies’ electoral politics is very high, especially in the southern states. Political parties compete in announcing free schemes. It is common for people to give more seats to the party which announces more free schemes. Voters put the political party that is providing free schemes on the throne. That is why the parties are also competing and making extravagant promises. On the other hand, the argument that freebies are turning people into lazy people is being heard from the intelligentsia and the middle class. The accusation against today's politicians is that they are making people lazy and weak by giving various concessions for votes. Now the apex court of the country has also said the same thing.
Freebies Creating a Class of Parasites
The Supreme Court on the 12th of this month expressed its displeasure over the culture of political parties announcing freebies before elections. It said that this practice allows people to be discouraged from working because they are getting cash transfer schemes, free ration and money. Hearing a case related to the right to shelter for the homeless in urban areas, a Supreme Court bench comprising Justices BR Gavai and Augustine George Masih expressed displeasure over the provision of freebies before elections.
Unfortunately, people are not willing to work because of these freebies. They are getting free ration. They are getting money without doing any work, Justice Gavai commented. The bench was of the opinion that the homeless should be included in the mainstream of society and contribute to the development of the country. Instead of making they part of the mainstream by contributing to the development of the country, is it not creating a parasitic class? The bench asked. Justice BR Gavai explained his personal experience that farmers in Maharashtra are not getting labourers for agriculture works. Hence, he suggested that all the categories of the people should be integrated into society for development.
In such situations, it is time for political parties and people to think. It should be known that such temptations hinder the economic development of the country. Due to these, even the governments that come to power face a lot of financial difficulties. Due to freebies, it is difficult to allocate funds for other development programs. In such situations, what are the guidelines given by the Supreme Court in the past regarding election manifestos..? Let us examine them.
Previous Orders of Apex Court
In the case of Y. Subramaniam Balaji vs. Government of Tamil Nadu, on 5 July 2013, the Supreme Court in its judgment directed the Election Commission of India to formulate guidelines for the items in the election manifesto in consultation with all recognized political parties. It has given some directions for framing guidelines.
‘The promises in the election manifesto cannot be considered as corrupt practice under Section 123 of the Representation of the People Act,’ it said. Although the law is clear that the distribution of any kind of freebies undoubtedly affects all the people, which will shake the foundation of free and fair elections to a large extent.
The Supreme Court has previously issued orders under the Model Code of Conduct in exercise of the powers vested in the Election Commission under Article 324 of the Constitution to ensure that the integrity of the election process is not compromised. It has noted that political parties release their election manifestos before the date of the election is announced. The Supreme Court has said that although the Election Commission has the power to control any action taken before the announcement of the election, it can make an exception in this regard since the purpose of the election manifesto is directly related to the election process.
Election Commission’s Instructions
After receiving the directions of the Supreme Court, the Election Commission, holds a special meeting with the recognized national and state political parties. After the considering their conflicting views, issued an order on April 24, 2015, including the manifesto in Part 8 of the Model Code of Conduct. It lied down the rules to be followed while releasing election manifestos for any election to Parliament or a state, in the interest of free and fair elections. The orders state that the election manifesto should not contain any content that is contrary to the ideals and principles enshrined in the Constitution and should be in accordance with the spirit of other provisions of the Model Code of Conduct.
Since the Directive Principles of State Policy enshrined in the Constitution direct the State to formulate various welfare measures for the citizens, there is no objection to the promise of such welfare measures in election manifestos. Political parties should refrain from making promises that may impair the integrity of the electoral process or have an undue influence on the voters in exercising their right to vote. Manifestos should be reasonable in their promises and seek the confidence of the voters only on promises that are feasible to be fulfilled.
Manifestos should not be released during the prohibited period as prescribed under Section 126 of the Representation of the People Act, 1951. Manifestos should not be published during the period of prohibitory orders imposed before polling in the case of a single phase of elections. In case of elections held in more than one phase, the period of prohibition orders imposed before polling in each phase shall be as specified in the order.
It also directed that all the political parties must submit three copies of their manifestos in English and Hindi to the State Chief Electoral Officer within three days of the announcement of the election manifesto. As per the Act, that declaration should be stating that the manifesto contains promises, programmes and policies in accordance with the procedures specified in Part 8 of the Model Code of Conduct should also be submitted to the Election Commission of India along with the manifesto. It has also been clarified in the order issued by the Election Commission of India on December 27, 2016 that the Election Commission will preserve the election manifestos of political parties for future needs.
