SUBRAMANIAM BALAJI VS TAMIL NADU JUDGMENT (2013)

Aug. 29, 2022

The Supreme Court referred to a three-judge Bench a series of petitions seeking a judicial direction that political parties who make “wild” promises of largesse should also reveal in their poll manifestos where they will get the money to pay for them.

About:

  • The 2013 Balaji judgment states that election manifesto promises do not amount to ‘corrupt practice’ under Section 123 of the Representation of People Act.
  • This revisit by the Supreme Court on its earlier judgment is unique as the court is exploring whether judicial parameters can be set on a purely political act of promising freebies.
  • In its order, the court foresees that “freebies may create a situation wherein the State government cannot provide basic amenities due to lack of funds and the State is pushed towards imminent bankruptcy”.
  • The court said it wants a transparent debate before the three-judge Bench on whether an “enforceable” judicial order can stop political parties from promising and distributing ‘irrational freebies’.
  • The case is unique as the Supreme Court is exploring whether judicial parameters can be set on a purely political act of promising freebies. 
Source : The Hindu