New Delhi: The Supreme Court yesterday asked the poll panel to frame guidelines to discourage political parties from promising freebies in their election manifestos as it shakes the root of free and fair elections and disturbs level playing field for the candidates.
A bench of Justice P. Satsasivam and Justice Ranjan Gogoi said that such guidelines would be necessary for holding free and fair elections and maintaining a level playing field. The court said freebies can influence people and disturb the level playing field.
Stating that it had limited powers to issue directions to the legislature to legislate on a particular issue, the court favoured a separate law governing political parties in a democratic polity.
“Although, the law is obvious that the promises in the election manifesto cannot be construed as ‘corrupt practice’ under Section 123 of RP (Representation of People) Act, the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people. It shakes the root of free and fair elections to a large degree,” said Justice Sathasivam, pronouncing the judgment.
Referring to the Election Commission’s submission that the “promise of such freebies at government cost disturbs the level playing field and vitiates the electoral process” and expressing willingness to “implement any directions or decision” of the court, the court noted that there was no enactment that directly governed the contents of election manifestos.
The court said that “a separate head for guidelines for election manifesto released by a political party can also be included in the Model Code of Conduct for the Guidance of Political Parties and Candidates”.
IANS
