Nothing ‘corrupt’ if promises in manifesto work out eventually for public’s financial benefit: SC
- May 28, 2024
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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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).