Political Parties Should Be Prohibited From Giving Election Promises Which Are Capable Of Adding Burden On The Public Exchequer: Madras High Court

Political parties should be prohibited or prevented from giving election promises, which are capable of adding burden on the public exchequer, the Madras High Court observed in an order passed on 31st March 2021.The bench comprising Justices N. Kirubakaran and B. Pugalendhi directed the Election Commission of India and other Government authorities to respond to the following questions:Whether the Central Government has taken any steps to bring legislation covering the issue of political manifestos, especially freebies promised in the election manifestos and governing the political parties as per the Judgment of the Hon'ble Supreme Court in the case of S.Subramaniam Balaji v. State of Tamil Nadu and Others reported in (2013) 9 SCC 659?In how many elections the Election Commission has vetted the election manifestos of the political parties as per the dictum of the Hon'ble Supreme Court of India in the case of S.Subramaniam Balaji v. State of Tamil Nadu? If so, which are all the political parties which have submitted their election manifestos for vetting during elections, after 2014? What are the actions taken against those political parties, which have not followed the dictum of the Hon'ble Supreme Court to tender the manifestos for vetting before the Election Commission? In how many manifestos of the political parties, the Election Commission has made objections regarding the statements or promises made?Whether based on the objections such disputed or controversial promises have been deleted by political parties? If so which party's manifestos have been objected and have been deleted?Why not political parties be liable to pay at least 10% of the money involved for implementation of election promises made by them while implementing the same after they come to power to infuse a sense of responsibility to the political parties? Why not the Respondents sensitize the political parties not to make any unreasonable and unfair promises, which, if implemented would drain the public exchequer unnecessarily /unreasonably? Why not the Respondents prohibit the political parties from giving social security schemes which are capable of shattering work culture and making people lazy? Whether the political parties give in the manifestos itself about the political promises and provision for resources available, in case if they come to power along with experts opinion? Why not the Respondents direct the political parties to make the political promise, especially, with regard to the freebies in accordance with the resources of the State? Why not the Respondents monitor and verify as to whether the election promises are complied with during the tenure of the political party, which is elected to form the Government? Why not the Respondents prohibit the political parties from making any promises, which cannot be implemented by the State Government, as they are beyond the powers of state Governments. i.e., waiver of loans given by the nationalized bank, etc.,? Whether the Respondents have got details about the political promises, which have been implemented by the political parties, when they came to power at least in the past 4 elections to Legislative Assemblies and Parliament elections? How much was spent by the respective Government, especially, Tamil Nadu to translate the election promises into reality by giving the details thereof (from 2001 election onwards)? Why not election commission of India de-recognize those election parties, who fail to implement their political promises based on which the voters are lured and the parties are elected to form the Government? When the political parties ascend the throne by promises which were believed by the voters and voted, and the promises are foundation of the Government, why not the respondents make election promises as enforceable? When will the Union Government bring an amendment of Section 123 of Representation of People's Act 1952, to include "political parties" which could be charged for "corrupt practices"?Why not the constituency with next highest population of Scheduled Caste (SC) population be made as reserved constituency by rotation without decreasing the constituency meant for Scheduled Castes (SC) and Scheduled Tribes?The court made many interesting observations, some of which are reproduced below, while considering a PIL filed by a person seeking to convert "Vasudevanallur Legislative Assembly constituency", which is a reserved constituency, as a general constituency to enable all the sections of people to contest the election. It is raining freebies for Tamil Nadu Assembly electionsTime is not too far away to hear the aforesaid promises from competing political parties. It is raining freebies for Tamil Nadu Assembly elections. Each party tries to undo each other in terms of populist promises. If one party promises monthly assistance of Rs.1,000/- to women households heads, there is a counter freebies of Rs.1,500/-. It goes on. The result is people started...

Political Parties Should Be Prohibited From Giving Election Promises Which Are Capable Of Adding Burden On The Public Exchequer: Madras High Court

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