Freebies- a violation of Constitutional provisions

Freebies- a violation of Constitutional provisions

Subject :Polity

Section: Constitution

Context: Naalaya India, a civil society organisation, has urged the Election Commission to direct the AIADMK and the DMK to remove the freebies promised in their election manifestos, as these violated a number of provisions of the Constitution and the Representation of the People Act

Freebies create Undue Influence:

• The freebie promises likely to vitiate the purity of the election process or exert undue influence on voters in exercising their franchise
• Distribution of irrational freebies amounted to bribery and unduly influencing voters.
• The promise of freebies violated the Election Commission’s mandate for free and fair elections
• Distributing private goods and services, which are not for public purposes from public funds, clearly violate Articles 162, 266(3) and 282 of the Constitution.
• The Election Commission of India said that whether freebies are financially viable or has adverse effect on the economic health of the State is a questionable that has to be considered and decided by the voters of the state.
• The SC told that the government needs to consult the Finance Commission for suggestions. The Finance Commission is an independent body. The Commission, while making allocations to the States, can take into account the debts of each individual States and examine whether offers freebies would be viable for them.

Concept:

Article 162

• The executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws,
• The executive power of the State shall be subject to, and limited by, the executive power expressly conferred by the Constitution or by any law made by Parliament upon the Union or authorities thereof Council of Ministers

Article 266(3)

• No moneys out of the Consolidated Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution

Articles 282

• The Union or a State may make any grants for any public purpose, notwithstanding that the purpose is not one with respect to which Parliamentor the Legislature of the State, may make laws.

Election Commission of India (ECI):

• It is a constitutional body. It was established by the Constitution of India to conduct and regulate elections in the country.
• Article 324 of the Constitution provides that the power of superintendence, direction, and control of elections to parliament, state legislatures, the office of the president of India, and the office of vice-president of India shall be vested in the election commission
• The commission was established in 1950 and originally only had one Chief Election Commissioner. Two additional Commissioners were appointed to the commission for the first time on 16 October 1989
• The Election Commissioner Amendment Act, 1989″ was adopted on 1 January 1990 which turned the commission into a multi-member body: a 3-member Commission has been in operation since then and the decisions by the commission are made by a majority vote
• The Chief Election Commissioner and the two Election Commissioners draw salaries and allowances at par with those of the Judges of the Supreme Court of India
• At the state level, Election Commission is assisted by the Chief Electoral Officer of the State
• At the district and constituency levels, the District Magistrates (in their capacity as District Election Officers), Electoral Registration Officers and Returning Officers perform election work
• The tenure of election commissioners is not prescribed by Indian Constitution. According to THE ELECTION COMMISSION (CONDITIONS OF SERVICE OF ELECTION COMMISSIONERS AND TRANSACTION OF BUSINESS) ACT, 1991 Chief Election Commissioner or an Election Commissioner shall hold office for a term of six years from the date on which he assumes his office
• The Chief Election Commissioner of India can be  removed from their office in a manner similar to the removal of a judge of the Supreme Court of India which requires a resolution passed by the Parliament of India a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehaviour or incapacity
• Other Election Commissioners can be removed by the President of India on the recommendation of the Chief Election Commissioner. A Chief Election Commissioner has never been impeached in India.