The Supreme Court on Friday directed the Election Commission to frame guidelines to regulate the content of political parties’ election manifestos, saying freebies promised by political parties before polls can influence voters and disturb a “level-playing field” for all parties in free and fair elections.
A bench of justices P. Sathasivam and Ranjan Gogoi said though the election manifesto is published before the code of conduct comes into force, the Commission can make an exception by bringing it within the code of conduct.
The judgment can have wide ramifications and can put a curb on political parties promising different types of freebies like distributing laptops, televisions, grinders and mixers, electric fans, four gram gold thali and free foodgrains if voted to power.
“There is no guideline for regulating the contents of election manifesto. We direct the Election Commission to frame guidelines on it... We direct Election Commission to take up the task (of framing guidelines) immediately,” the bench said.
The Supreme Court also said that separate legislation should be made on this issue. It said freebies promised by political parties disturb the level-playing field among players contesting the polls and vitiates the election process.
The bench, however, dismissed the plea challenging the J. Jayalalithaa government’s (Tamil Nadu) decision to implement the AIADMK’s election promise of free household items to voters, saying that under the present law, promises of freebies made in the manifesto do not amount to corrupt practices.
The petition was filed by an advocate S. Subramaniam Balaji, challenging the state’s decision to distribute freebies.
According to the petitioner, competitive populism resorted to by political parties was unconstitutional besides being a huge drain on the state exchequer.
The petitioner had contended that freebies offered by the Tamil Nadu government amounted to bribing the voters and ran counter to the constitutional mandate of free and fair elections.