PIL in SC seeks steps to regulate political parties, make poll manifestos legally enforceable

A PIL has been filed in the Supreme Court for direction to the Centre and Election Commission to take steps to regulate political parties so as to make them accountable for manifesto promises.

Petitioner BJP leader and advocate Ashwini Kumar Upadhyay also sought a direction to the Election Commission to seize the election symbol and deregister or de-recognise the political parties, which failed to fulfil their essential and rational promises made in an election manifesto.

Maintaining that the manifesto should be made legally enforceable, the plea said the political parties have been given statutory status and they are important instrumentalities of the democratic governance. Besides, those are substantially financed by the State in multiple ways and exempted from Income Tax.

"EC has never de-recognised those parties, which fail to implement their promises based on which the voters are lured and the parties are elected to form the government. Political parties ascend the throne by promises, believed by the voters and are the foundation of the government, therefore, election promises must be made enforceable," it asserted.

The plea cited the SC judgement in S Subraminam Balaji (2013) case, which recognised the post-election plight of the helpless voter and directed the Election Commission to frame guidelines with regard to contents of manifestos.

The court had then held that though, the promises in the election manifesto cannot be construed ‘corrupt practice’, the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people.

"An election manifesto is a window for voters to see through a political party’s governance agenda to make an informed decision. Voting is a transactional act. Once a vote is cast, a legal contract arguably comes into existence if the said party forms the ruling government. In such a scenario, it should be held accountable to the proclamations, made in its manifesto, or in the very least, to those promises which are tangible," it added.

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