EC does not have to deregister parties, voters to consider impact of freebies on economy, SC told

The Election Commission has told the Supreme Court that offering or distributing freebies either before or after the polls is a policy decision of the political party concerned and whether such a decision is economically viable or would have an adverse impact on the economy is to be decided and considered by the voters of the State.

"The Election Commission cannot regulate state policies and decisions which may be taken by the winning party when they form the government. Such an action without enabling provisions in the law would be an overreach of powers," it said.

The poll panel clarified its stand in an affidavit in a PIL filed by BJP leader and advocate Ashwini Kumar Upadhyay.

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On January 25, the top court issued notice to the Centre and the EC on the plea for declaring that promise or distribution of irrational freebies from the public funds before the election unduly influenced the voters, shaking the roots of a free and fair election.

This also disturbed the level playing field and vitiated the purity of the election process, the petitioner claimed, seeking a direction to Election Commission to seize election symbols and deregister political parties, which promised to distribute irrational freebies from public funds.

In response, the EC said at present it does not have the power to deregister a political party, except on three grounds, as delineated by the top court in the case of Indian National Congress Vs Institute of Social Welfare and others (2002), i e, when registration has been obtained on fraud and forgery when the party ceased to have faith and allegiance to the Constitution and any other like ground.

It, however, said the EC had in December 2016 sent a set of 47 proposals to the Union government for electoral reforms which included the power to de-register political parties in appropriate cases.

With regard to a plea by the petitioner to insert a condition for the political party that they would not promise or distribute irrational freebies from the public fund, the EC said, this "may result in a situation where the political parties will lose their recognition even before they display their electoral performance".

The EC also pointed out following the top court's judgement in S Subramaniam Balaji (2013) Vs Tamil Nadu, related to promises by parties in their manifestos, it had framed guidelines for the model code of conduct on December 27, 2016, in consultation with political parties. "The promises made in manifestos are not enforceable under election law. However, recognised parties have to submit a declaration along with copies of manifestos that programmes and policies are in consonance with the model code of conduct," it said.

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