Thread by @barandbench

#SupremeCourt to shortly hear the plea seeking to prevent political parties from promising freebies to the electorate before elections
#Freebies

Sr Adv Vikas Singh: I was suggesting a retired SC judge head the committee like Justice Lodha etc.

SG Tushar Mehta: I think a Constitutional body should head the committee to deliberate #Freebies

CJI: The person who retires or is going to retire has no value in this country.

Singh: It is the personality of the person concerned which impacts

#Freebies

CJI: if you are confining it to election then it is a different issue but there are plea about subsequent freebies also

Singh: pre-poll the court can enter into and can be regulated but post poll is a dangerous area where I feel it is tricky for this court to venture into

Adv Prashant Bhushan seeks to intervene on behalf of CPIL

SG: I was really surprised that how did Mr Bhushan did not file anything yet

CJI: Yes now be happy. He is here

3 kinds of freebies are illegal: Like one which violates fundamental rights, the next which violates public policy which is given to corporates etc even though they are guilty of bank frauds and the third is pre poll freebies which disturbs the level playing field: Bhushan

Bhushan: the main problem is when actual freebies are given which is discriminatory, violative of public policy or just before the elections where something is actually given. Like giving something just before the elections like 6 moths before the polls

Sibal: here we will only enter into quagmire of politics and the committee which will be formed will be opposed by states

CJI: Yes states are already opposing

Sibal: this requires a far more exhaustive debate before we decide what to do

Sibal: that is why finance commission is best to look at it as allocation can be reduced from the next year

SG Mehta: Essential question is dont touch this issue and let this happen as its happening. there are parties who may not be in power but are doling out promises

SG: Suppose someone says nothing will be charged for electricity in Jharkhand. But here can be such freebies and thus will the voter in this case take an informed decision.

CJI: Why does not the Govt of India form a committee to study this issue

SG: Centre will help in every way. The committee can submit a report in 3 months and then it can be considered by your Lordships #freebies

Sr Adv Arvind Datar: If something is there in manifesto can it be called a freebies. There is enough material available to judge the economic impact of freebies.

CJI: Why does not the Centre call an all party meeting then to deliberate this?

SG: Right now the court will not enter into an unmanageable area like what is or what is not a freebie/ Now it has to been who can look at it and define the contours. So the committee can look at this #freebies

CJI: Biggest problem is who will head the committee and its a huge canvas. Ultimately it is the political party who makes the promises and not individuals. Like if i contest, I will not get even 10 votes. In the present system where the party is important.

CJI: who is in opposition today can come into power tomorrow and so they will come and have to manage this. so things like freebies etc which can destroy the economy has to be looked at and I just cannot pass a mandamus. thus there needs to be a debate

SG: There are political parties who have claimed freebies as fundamental rights and there are political parties who only rely on freebies to get elected to power #freebies

CJI: To tackle the issue deals with identifying the issue

Sr Adv Datar: one can be the all party meeting

Sr Adv Vikas: the Subhramanium balaji judgment needs to be reconsidered

CJI: I will be constituting a three judge bench to hear this led by Justice DY Chandrachud

CJI: Taking into the 2018 judgment pronounced by CJI Dipak Misra, Justices Khanwilkar and DY Chandrachud. List the matter before Justice DY Chandrachud led bench and two other judges. place the papers before the CJI.