Nothing ‘corrupt’ if promises in manifesto work out eventually for public’s financial benefit: SC

Sub: Polity

Sec: Elections

Tag: manifesto

Context:

The Supreme Court of India has clarified that promises of financial assistance made by political parties in their election manifestos do not constitute a ‘corrupt practice’.

More on news:

Mr. Sreedharan had challenged the election win of B.Z. Zameer Ahmed Khan, a Congress candidate, in the State Assembly election of 2023.

Key highlights of the case:

The petitioner had challenged the election win of B.Z. Zameer Ahmed Khan, a Congress candidate, in the Karnataka Assembly election of 2023.
The bench, comprising Justices Surya Kant and K V Viswanathan, stated that the contention that such promises could be seen as corrupt was too far fetched.
The contention of the counsel that the commitments by a political party in its manifesto, which eventually lead to direct or indirect financial help to the public at large, will also amount to corrupt practice by a candidate of that party, is too far-fetched and cannot be accepted.
The court emphasized that commitments leading to direct or indirect financial benefits for the public, as outlined in party manifestos, are legally permissible under election laws.
This ruling sets a significant precedent in how election promises are interpreted legally in India.

What is the election manifesto?

A manifesto is generally defined as a published declaration of the intentions, motives or views of an individual, group, political party or government whosoever issues it.
A manifesto usually comprises a previously published opinion or public consensus and/or promotes a new idea with prescriptive notions for carrying out changes for future.
An election manifesto is a published document containing declaration of the ideology, intentions, views, policies and programmes of a political party.
The Election Manifestos are generally drafted by the Political Parties keeping an eye on forthcoming elections and are generally published and well publicized.

What are freebies?

Freebies that are usually distributed include goods like bicycles, smart phones, TVs, Laptops and waivers on bills (water, electricity, etc.).
Freebies and poll promises are different from subsidies which are required for the proper functioning of a government to fulfill peoples’ needs and may not be a part of government poll promises.

Supreme Court views on FreeBies:

The Supreme Court in S Subramaniam Balaji vs Government of Tamil Nadu 2013 case held that unrealistic poll promises and freebies are a serious issue that disturbs the level-playing field in elections.
In the Balaji case judgment, a Division Bench of the Supreme Court had held that making promises in election manifestos do not amount to a ‘corrupt practice’ under Section 123 of the Representation of People Act (RP).