Thread by @barandbench

#SupremeCourt hears the case seeking to prevent political parties from promising freebies to the electorate to gain political dividend at the cost of ignoring state budgets
#Freebies

CJI NV Ramana: We saw your written submissions Mr Kapil Sibal. You have gone back to original stand

Sibal: Yes Mahatma Gandhi once said wise men often corrects their stand. not that I am calling myself wise

CJI: This is an important issue definitely.

CJI: See tomorrow a particular states gives a scheme, and we are all beneficiaries of scheme, can it be said it it is prerogative of govt so you cannot look into this. A debate is needed.

CJI: Suppose Centre makes a law that states cannot give freebies. So can we say such a law is not open to judicial scrutiny. For the welfare of the country we are hearing this issue, not that we are doing something

CJI: SG Mehta has proposed a committee and now it has to be seen who will head the committee

Sibal: i concede it is a matter of concern but it has to be seen how it will be done

Sibal: In Fiscal Management Responsibility Act, if some freebies is given, then the benefit will go beyond three percent which is the deadline as per the act as the deficit has to be under 3%. this issue needs to be dealt through a system and not politically

IMPORTANT

CJI: Remember in this case all political parties are on one side. BJP, and everyone else is on one side. Everyone wants freebies remember this.

#SupremeCourt #Freebies

CJI: We are not giving power to election commission etc. But the issue needs to be debated

CJI: Suppose I say finance commission or NITI Aayog, there will be talks that all institutions are under the govt etc

Sr Adv Sibal: but they have data and finance commission looks at the allocation to the states. If states exceed allocation it will result in beyond 3% deficit

Sibal: if the deficit exceeds then the next year allocation can be reduced by the finance commission
#freebies

CJI: Question is not at the time of election. But this is on an overall situation

SG Tushar Mehta: Suppose the party says we will not collect property tax. Can this be done?

SG: Voters have the right to make an informed choice... this is like making a false promise which destroys economy..#Freebies

SG: This will lead to devastating economic disasters

Sr Adv Vikas Singh argues

CJI: You have already argued

Singh: real probem is a legal problem. These are only deflecting the issue #freebies

CJI: Are you only freebies during election or otherwise as well?

Singh: only elections as SC itself has held that during election makes it an unequal playing field and leads to unhealthy democracy. #freebies

Singh: this is taxpayers money which is being misused. When a political party offers a freebie there is another who does not offer it since the financial health of the country is not good. #freebies

Singh: freebie culture will develop to such an extent that economy of this country will go bankrupt

#freebies

CJI: So you are all on freebies during election. So arguments need to confined to only election freebies and not overall

Sr Adv Gopal Sankarnarayanan: I am on an argument that judgment in Subhramanium Balaji judgment is wrong and needs to be overruled

CJI: So you all want election manifestos to be regulated and contain such provisions?

Sr Adv Vijay Hansaria: please look at the reply of the ECI

CJI: These promises are during election. How can ECI say that no no dont make these promises.

Hansaria: political parties cannot say they can disturb the fiscal scenario of the country. Supreme Court has intervened when there has been a legislative vaccum. #freebies

CJI: It is a very complex issue. Though you confined to only election promises, the other issue is also important where subsequent benefits are given in the form of freebies.

CJI: This is not an issue where we can look at it separately and say that balaji judgment and frame a law. We initially thought people who are concerned about economy of the country can debate this and thus place this issue before the parliament. But now we have less time

CJI: We are only thinking of formation of commission etc. ultimately this is a democracy and the parliament has to debate and for that some background paper must be there and thus a commission will help.

Sr Adv Gopal Sankarnarayanan: But the Balaji judgment is wrong.

CJI: Then this matter has to be referred to a larger bench..

GS: I can make the argument in 3 minutes

CJI: But i need time to write the judgment

CJI: Mr Wilson, The party you represent (DMK) ... i have a lot of things to say. Dont think you are the only wise party appearing. Dont think we are ignoring all that is being said just because we are not saying anything

#freebies

GS: Yes the statements made by the finance minister of Tamil Nandu on TV against Supreme Court was not correct
#freebies

Sr Adv GS: Balaji judgment makes two glaring errors. First, since it's DPSPs, Fundamental Rights cannot be dealt with. Second, when Vishakha argument is made that there is a vacuum, court says that there is no vacuum as Representation of Peoples Act deals with it.

CJI: Cows and goats in a rural area gives livelihood and this cannot be seen in such a water compartment way. some are given bicycles as they women are able to get education or pursue business. We have to see what is freebie and what is welfare

CJI: A rural poverty struck person, for them such kits are important and it cannot be debated here in this room. Much has to be learnt from their knowledge and wisdom of such people

Dr AM Singhvi for AAP: They have argued on how Balaji judgement is wrong...You have a law then that can be challenged and tested. 19(2) requires law...parliament can pass a law and then court can strike it down

CJI: we will hear this tomorrow. let us see what can be done