New Delhi: Terming as "serious" the promise of "irrational freebies" made by political parties during elections, the Supreme Court on Tuesday wondered why the Centre was hesitant about taking a stand on the issue.
The court also asked the Centre whether the view of the Finance Commission can be sought to deal with the issue after the Election Commission said it cannot regulate political parties on it.
"Why don't you say that you have nothing to do with it and the Election Commission has to take a call. I am asking whether the Government of India is considering it a serious issue or not?
"Why are you hesitating to take a stand? You take a stand and then we will decide whether these freebies are to be continued or not. You file a detailed counter (affidavit)," Chief Justice of India N V Ramana told Additional Solicitor General K M Natraj.
The bench, also comprising Justices Krishna Murari and Hima Kohli, was hearing a PIL against the practice of political parties promising freebies during elections. The petitioner wanted the Election Commission to invoke its powers to freeze their election symbols and cancel their registration.
The bench, during the brief hearing, sought the views of senior advocate and Rajya Sabha MP Kapil Sibal, who was in the courtroom in connection with another matter, on the issue of freebies made during and after polls. "This is a serious matter. Truly serious! The solutions are very difficult but the issue is extremely serious. It is the Finance Comission which gives out allocation to the states... they can take into account the debt of a state and the quantum of freebies.
"Finance commission is the appropriate authority to deal with it. Maybe we can invite the commission to look into this aspect. We cannot expect the Government of India to issue directions to states. This is not possible and this will create a political issue," Sibal said.
Sibal said the Finance Commission can take an informed view with regard to freebies, their quantum and the financial condition of the state where the promises are sought to be implemented.
"Please find out from the Finance Commission as to whether this takes place. You find out who is the authority where we can initiate a debate or something. I will list it next week. We direct the Government of India to get instructions in this matter...," the CJI told the ASG.
At the outset, the counsel for the Election Commission referred to the reply filed in the matter and said that offering freebies before polls and their execution after the results are the policy decisions of political parties, and the Central government and not the poll panel, will be the best suited for dealing with this issue.
The poll panel cannot regulate state policies and decisions which may be taken by the winning party when they form the government, the counsel for the EC said.
On the other hand, the ASG insisted the issue needed to be dealt with by the EC. Calling the matter serious , the bench asked the government not to hesitate from taking a stand.
Lawyer Ashwini Upadhyay, who has filed the PIL, said the poll panel has the power to de-recognise and seize the symbol of political parties and they can be used to stop doling out of irrational freebies.
He referred to the recent Punjab assembly election and said the state, which is precariously placed financially, has to bear the burden of the promises.
"We are on our way to becoming Sri Lanka," he warned.