The election commission has told the Supreme Court that
any action to regulate promises by political parties to give out freebies if
elected to power would be an overreach unless legal provisions are imposed.

Responding to a Public Interest Litigation (PIL) filed by
lawyer and BJP leader Ashwini Upadhyay seeking de-registration of political
parties announcing freebies, the EC said “The EC 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”.

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It added that the decisions to offer or distribute
freebies, either before or after elections, fell within the policy domain of
the political party.

The court can make guidelines for the parties, Election
commission cannot enforce them, the poll panel said.

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“Whether such policies are financially viable or have an
adverse effect on the economic health of the state is a question that has to be
decided by the voters of the state,” the Election Commission said.

In January, the apex court issued a notice to the centre
and the Election Commission and sought a response to the plea in four weeks.

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The Supreme Court had raised concerns over political
parties offering free gifts to voters. The court said the “freebie
budget” is going beyond the regular budget, calling it a “serious
issue”.

The petition has asked for directions to the Election
Commission to seize election symbols and deregister political parties that
promised freebies from public funds.

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“Money of the citizens is being misused despite the
Election Commission rules,” it has said.

The announcement of freebies by political parties affects
the purity of elections, disturbs the level playing field and shakes the roots
of a free and fair election, the petition has said. It added that the recent
trend of offering freebies around elections is “not only the greatest
threat to the survival of democratic values but also injures the spirit of the
Constitution”.

The EC referred to the 2013 SC judgment in S Subramaniam
Balaji where the court had dealt with the issue of freebies announced by
political parties. The SC had said that promises made in the election manifesto
cannot be construed as corrupt practice under Section 1232 of the RP Act to
mandate EC to take action against the political party.

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The poll panel said that petitioner Ashwini Upadhyay’s
plea could not be implemented as the court had also determined three grounds on
which the registration of a political party could be cancelled and that
announcement of freebies did not form part of three grounds.