Supreme Court Issues Notice On Plea To Direct Political Parties To Disclose Source Of Funds For Promises In Election Manifesto

The plea also aims to have every election manifesto signed with the name of the head of the political party to ensure accountability.

A Bench of Justices Abdul Nazeer and V Ramasubramanian issued notice in the case while tagging it with a similar matter. The case will next be heard on January 2.

"Something has to done here. It needs immediate attention", the bench orally observed. Recently, amidst the debates relating to "freebies", the Election Commission of India proposed that the political parties should disclose the financial viability of their election promises. It may be noted that the Supreme Court has referred the issue related to freebies to a 3-judge bench.

During the hearing, Advocate Vijay Sardana appearing for the petitioners gave a brief of the plea.

"When you are making an announcement, whether it is positive, freebies or otherwise, that's not an issue. The issue is, as a political party seeking governance of the country must have basic understanding whether they have resources to make promises. This will force political parties to look into the financial conditions, requirements of the state instead of rampant announcements."

"I don't think people now vote based on what you promise. People vote on different considerations, not certainly only on promises", the Bench said.

According to the petition, revealing financial information will ensure serious discussion in society and will help in making informed choices by the voters at the time of electing any political representative. "All voters should know what will be the financial implication of the promises on the state and their own tax rates and its implication on future generation and environment sustainability like water table and pollution."

Exaggerated promises would only hinder discussion and development, the petitioner stated.

"Declaration that promises of irrational and exaggerated promises and gifts from public funds before election, very often impossible to implement without hurting the finances and welfare of the state and the country, unduly influences voters, disturbs fair discussion on development agenda, priorities for the of the society and level playing field, shakes roots of free-fair election, vitiates purity and informed decision making by voters in the election process."

Giving specific instances, the petitioner pointed out that the Aam Aadmi Party promised Rs. 1000 per month to every woman aged 18 and above, Shiromani Akali Dal (SAD) promised Rs. 2000 to each woman and Indian National Congress not only promised Rs. 2000 per month and 8 gas cylinders per year to every house wife but also promised a Scooty to every college-going girl and so on.

"From where this money will come and who will bear this burden is not mentioned in the election manifesto. What will be the impact of all this on taxpayers, loan liabilities and finances of the state and environment ecology of the state and This amounts to misleading and cheating the voters to seek votes."

The petitioner argued that these political parties promise distribution of irrational, untargeted and without defining the criteria of needy and beneficiaries. Such promised gifts for wrongful political gain, the plea said, is analogous to Bribery and Undue Influence under S.171B and S.171C of the Indian Penal Code.

Relying on the RBI reports, the petition states that most of the states are unable to sustain their existing financial liabilities. It means states cannot meet their existing obligations without taking more loans or without raising taxes.

"According to rough estimates, Punjab needs Rs. 12,000 crore per month to fulfil the political promises if AAP comes in power; Rs. 25,000 crore per month if SAD comes in power and Rs. 30,000 crores if Congress comes in power, though GST collection is 1400 Cr only. In fact, after debt repayment, Punjab Government is not able to pay even salaries-pensions, then how will it provide freebies?"

Case Title: Vijay Sardana Vandana Sharma Versus Union Of India And Ors | W.P.(C) No. 915/2022 Pil-W