Deliberation by expert bodies nothing more than a wild goose chase: AAP to SC on freebies

The apex court had earlier suggested deliberation by expert bodies like NITI Aayog, Finance Commission, RBI, political parties and other stakeholders

The Aam Aadmi Party (AAP) has opposed before the Supreme Court a proposal to set up an expert body to examine the issue of "freebies" promised by the political parties to win over voters during the polls, saying such a move would lack legislative backing, violate freedom of speech, and amount to nothing more than a wild goose chase.

"The terms of reference of the expert body may not encompass the regulation, let alone prohibition, of certain types of electoral speech. Such a restriction or prohibition, executively or judicially imposed, would amount to a curtailment of the freedom of speech guaranteed under Article 19(1)(a) without the backing of legislative sanction," it said.

Hearing a PIL by BJP leader and advocate Ashwini Kumar Upadhyay, the court had earlier suggested deliberation by expert bodies like NITI Aayog, Finance Commission, RBI, political parties and other stakeholders, to examine the pros and cons of freebies announced during the polls, while maintaining that such promises have a significant impact on the economy.

Also Read | Explained: What is the freebies debate?

In a written response, the party, which rode to power in Delhi and Punjab on promises of free electricity and other such measures, also contended, "In the absence of any legislative guidance on the scope of policies that may be considered ‘freebies’ or on the consequences of promising such policies in electoral campaigns, any decision in this regard taken by a prospective expert body will be constitutionally without authority."

It also contended that electoral promises, while serving an important democratic function, are completely inappropriate proxies for regulating actual fiscal outgo.

"Trying to address issues of fiscal deficit by attacking electoral speech will both hurt the democratic quality of elections by prohibiting parties from communicating their ideological stances on welfare, while also making no progress in achieving fiscal responsibility," it said.

The party further said this court’s intervention, if any, in the interests of fiscal responsibility should instead focus on the point of actual outgo of funds from the public exchequer, that is budgetary actions of already elected governments and their fiscal planning processes.

It further asked the court to ensure that the expert body’s terms of reference are also cognizant of the economic desirability of genuine welfare measures and the resultant necessity of a certain level of healthy fiscal deficit, particularly in a developing country like India.

"The expert body, if constituted at all, be tasked with suggesting measures to control actual fiscal expenditure, but within the broader socialist-welfarist model of development endorsed by the Constitution," it added.

Among others, the AAP suggested for including in the panel representatives from NGOs that work at grassroots with disadvantaged groups such as SC/STs, EWS, minorities, etc.

Earlier, the party claimed before the court that a plea to prohibit political parties from promising or making any claims about providing free education, drinking water and healthcare is not just untenable but malafide too.