Issue of freebies serious, why can't Centre call for all-party meeting: Supreme Court
New Delhi, Aug 24: The Supreme Court on Wednesday said there must be a "debate" on the "serious" issue relating to the practice of political parties promising freebies and asked why cannot the Centre call for an all-party meeting on it.
The apex court said until and unless there is a unanimous decision among political parties that freebies are going to destroy the economy and have to be stopped, nothing can happen as it is only political parties that would make such promises and contest elections and not individuals.
"Why do not the Government of India call for an all-party meeting?" the top court said.
"There must be a debate. The issue is serious, there is no doubt about it. The question is, why do not all political parties meet and the Government of India can call for a meeting," it observed.
The observations by a bench comprising Chief Justice N V Ramana and Justices Hima Kohli and C T Ravikumar came while it was deliberating on a plea opposing promises of such handouts by the parties during polls.
At the outset, senior advocate Vikas Singh, appearing for petitioner Ashwini Kumar Upadhyay, suggested that a retired judge of the apex court like former CJI R M Lodha should be the chairman of the committee proposed to be constituted on this aspect.
However, Justice Ramana observed, "a person who retires or who is going to retire has no value in this country. That is the problem,"
Singh said ultimately, it is the personality and the position that one has held which makes the difference.
Advocate Prashant Bhushan said that he has filed an intervention on behalf of the NGO 'Centre for Public Interest Litigation'.
Bhushan argued that they have said three kinds of freebies must be prohibited -- those which are discriminatory or which violate fundamental rights, those which are against public policy, and those which are rolled out immediately before the election, like in the last six months before the polls, by the ruling party.
Solicitor General Tushar Mehta said there are political parties, which may not be in power in the state or the Centre, and are rolling out such promises.
"The focal point is would the voter have an atmosphere where he can take an informed decision. It is not a question of ruling or losing a party. Can you promise the moon to get elected?" Mehta said.
As the bench asked why the Government of India cannot call for an all-party meeting on the issue, Mehta said the political parties are already there before the apex court claiming that this is their right.
"There are some political parties who think it is their fundamental right to offer freebies and have come to power by only offering freebies," the solicitor general argued.
The bench observed that the biggest problem is, who will head the committee.
"Ultimately it is only political parties which will make promises and contest elections, not individuals. Suppose, if I contest, I may not even get ten votes," the CJI said, adding that individuals do not have much importance in the present system and that is how our democracy is.
During the hearing, the 2013 judgement delivered by a two-judge bench of the apex court in the S Subramaniam Balaji vs The Government of Tamil Nadu and others was referred before the bench and it was argued that this verdict required reconsideration.
In the 2013 judgement, the court noted that after examining and considering the parameters laid in section 123 of the Representation of People Act, it arrived at a conclusion that the promises in the election manifesto cannot be read into section 123 for declaring it to be a corrupt practice.
The bench said that it would look into that judgement and would consider constituting a three-judge bench.
While hearing the matter on Tuesday, the apex court had observed that all political parties including the BJP were in favour of freebies and due to this, a judicial attempt has been made to deal with it.
"On this issue, I can say all political parties are on one side including BJP. Everybody wants freebies. That is the reason we made an attempt," the bench had observed.
Senior advocate Kapil Sibal, whose assistance has been sought by the bench, had mooted the idea of setting up a panel of the statutory finance commission.
He had said as per the Fiscal Management Responsibility Act, if some freebies are given, then the benefit cannot go beyond 3 per cent.
The top court is hearing a plea filed by Upadhyay which opposes the practice of political parties promising freebies during elections and seeks the Election Commission to invoke its powers to freeze their election symbols and cancel their registration.
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TVK chief should be given opportunity to prove majority in TN Assembly: Omar
Srinagar (PTI): Jammu and Kashmir Chief Minister Omar Abdullah on Friday said there was no justification for the Tamil Nadu governor to stop TVK leader Vijay from forming the government, and he should be provided an opportunity to prove majority in the assembly.
Tamil Nadu Governor Rajendra Vishwanath Arlekar on Thursday rejected TVK chief Vijay's claim to form the government, stating that his party lacks the requisite numbers.
The Tamilaga Vettri Kazhagam (TVK) has fallen short of meeting a simple majority to form the government in Tamil Nadu. Though the Congress with five MLAs has offered support to TVK, Vijay's party falls short of a simple majority of 118 in the 234-member Tamil Nadu Assembly.
Abdullah said there was no justification for President's rule in Tamil Nadu in view of numerous Supreme Court judgements emphasising on inviting the single largest party to form the government and then prove its majority on the floor of the house.
"If we see the Supreme Court judgement, then there should be no President's rule. There are so many cases in which the SC has clearly stated that after the elections, the single largest party should be invited (for government formation) and they should be allowed to prove their majority in the assembly," Abdullah told reporters here when asked about the political situation in Tamil Nadu.
"It happened when (former prime minister) (A B) Vajpayee formed the government for 13 days, the President of India did not wait for him to show his numbers. The President of India invited him, the government was there for 13 days, but when Vajpayee did not have the numbers, he resigned," he said.
So, if we take the SC judgement, the J-K CM added, then the Tamil Nadu Lok Bhavan "has no justification to stop this process".
"Vijay should be allowed to form the government, and then he should be provided an opportunity to prove his majority and if he proves, he will remain, but if not, then he will have to resign," Abdullah said.
To a question on whether there would be impact of the Special Intensive Revision (SIR) in Jammu and Kashmir, the CM said its impact remains to be seen in the rest of the country first as the assembly elections in the Union territory were not due till 2029.
"As of now it (SIR) has happened in Bengal only. Why are you worried about J-K? The elections are not to take place here till 2029. Let us first see its impact in the rest of the country. What we had to suffer (in J-K), we have. We suffered their delimitation, which was done to benefit the BJP and its friends. Let's see what happens in the future," he said.
On the reported remarks of Leader of Opposition in the J-K assembly, Sunil Sharma, that if the chief minister goes for cabinet expansion, then his party, the National Conference (NC), would suffer like the Shiv Sena in Maharashtra and someone like Eknath Shinde would emerge here as well, Abdullah said all his MLAs stand firmly with the party.
"This tells about the intentions of the BJP. 'Aaya Ram Gaya Ram' (turncoats). Eknath Shinde left because the BJP helped him to leave. It is obvious that the LoP is impatient to hold the chair of the chief minister of J-K. I will only tell him that there is no Eknath Shinde in the National Conference. NC's MLAs stand firmly with the party," he said.
Abdullah said the cabinet expansion is on hold because statehood has not been restored to J-K.
"Cabinet expansion is not on hold because of any fear and that is why I regularly say that the LoP proves through statements like this that till the BJP does not get power, they will not allow us to work smoothly and will not make J-K a state again," he said.
Hitting out at the LoP and the BJP, the J-K CM said the people of J-K, especially those who voted for the BJP in the last elections, should remember that the LoP and his party "indulge in the politics of blackmail and the people here are intimidated in the name of statehood".
