A Sociolegal Perspective On Political Freebies
Author: LawSphereX
Category: General Law
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A SOCIOLEGAL PERSPECTIVE ON POLITICAL FREEBIES
Shubh Palvia, Symbiosis Law School Pune Introduction: Political freebies are those goods and services provided by the government at no cost to the individuals that are deprived through welfare schemes. Whereas irrational political freebies are those freebies that are simply not required and are wasting the taxpayer’s money. In terms of a legal perspective, there is no statute on the issue of irrational political freebies, but there are various pros and cons that can be looked at from an economic aspect, and the legal aspect can be explored and discussed. The concept of political freebies isn’t particular to a leftist or a rightist approach, and multiple parties in India are known to provide freebies. Recently, the Supreme Court referred an election-freebies case primarily concerned with irrational freebies to a 3-judge bench.
1 The issue of political and irrational freebies has been prevalent for years now, and there have also been various instances when political parties were on the pretext of distributing welfare freebies were providing goods for a political advantage. The landmark case at issue is S. Subramaniam Balaji v. Tamil Nadu,2 and it looks at the issue of political parties and construes whether the promises mentioned can be challenged in a court of law. Recent Developments: The first instances of political freebies being used by parties began in 1954 in southern India, where Kumaraswami Kamaraj of Madras(Present day Tamil Nadu) state would offer free education and meals to students. 3 In 1967, CN Annadurai promised to provide 4. 5 kg of rice for Rs 1 once he got elected. 4 This was the start of the freebie culture, and eventually, in 2006, 1 Service, E. N.
(2022) Election freebies: Supreme Court refers matter to three-judge bench. The Indian Express. Available at: https://indianexpress. com/article/india/supreme-court-electoral-freebies-revdi-issue-ramana- 8112552/ (Accessed: October 29, 2022).
2 S. Subramaniam Balaji v. State of T.N., (2013) 9 SCC 659
3 Explained
The history of freebie culture that the AAP and centre are fighting over (2022) Firstpost. Available at: https://www.firstpost.com/explainers/explained-the-history-of-freebie-culture-that-the-aap-and-centre-arefighting-over-11048441.html (Accessed: October 30, 2022).
4 Id.
DMK provided over 16 million colour TV sets. 5 In recent times, the AAP (Aam Aadmi Party) is said to be following a freebie culture and has made promises that include free electricity, among many others. The issue of political freebies has strengths and weaknesses both from an economic and a legal perspective, and hence a thorough analysis is required. Economic Analysis: Political freebies come in as a fiscal measure from a macroeconomic perspective. Fiscal policy is a demand-side policy in which government spending and taxation are used to bring about a change in the economy. In the case of freebies, it brings instability as government spending is going up while revenue is constant. It is important to remember that in an economic analysis, cereus paribus must hold true.
One of the drawbacks of freebies from an economic perspective would be an overdependence on the free goods being provided by the government. The common public might find that the goods provided are free, but in reality, taxpayers' money is being used to pay for the expenses. As a result of goods being free, overdependence on freebies can result. It is important to note that states have their own sovereign rights to ensure that it is not illegal to decide how they want to spend their tax revenue. The state has to maintain that its expenditure does not go above the prescribed limit, which is mandated by the FRBM Act. 6 Furthermore, an increase in government spending as a fiscal measure leads to a rise in the aggregate demand for an economy, and that causes the price level to increase. An increase in the price level leads to inflation, and as per the RBI, 2%–6% is allowed in a month.
7 Nevertheless, inflation has its flaws, and there are many financial dilemmas the common public faces as a result. Inflation also affects the economy on a global trading scale, where the currency can depreciate and affect the current account of the economy. However, there are economic benefits as well to freebies, and this includes reducing the inequality between the rich and poor by providing subsidies and free goods. Also, for the taxpayers, it’s a form of relief, as they know their money is being put to good use as opposed
5 Id.
6 Fiscal Responsibility and Budget Management Act, 2003
7 Misra, U. (2022) Explained
The cause and effect of rising inflation. The Indian Express. Available at: https://indianexpress. com/article/explained/rising-inflation-cause-effect-explained-7915202/ (Accessed: October 31, 2022). to being involved in any corrupt practice. Furthermore, freebies also help the economy in terms of development, and instances where free education is being provided are a boon. And in cases where goods are being provided, it’s a profitable situation for the retailers and suppliers that are involved, as their product is being circulated to many consumers. Social attitudes towards political freedom are complex. On the one hand, some argue that freebies can be a valuable tool for providing essential services to the poor and marginalized. On the other hand, some argue that freedom can be a form of vote buying and undermine the democratic process. There are no easy answers to this debate.
However, when assessing public attitudes towards political freedom, it is important to consider the following factors: Potential impact on poor and marginalized people. Freebies can provide much-needed help to those struggling to make ends meet. For example, free electricity can help poor families cool their homes in the summer, and free food can reduce hunger. Potential impact on the democratic process. Freebies can be used as a form of vote buying, whereby voters are promised benefits in exchange for their votes. This can undermine the democratic process and undermine the principle of one man, one vote. The price of freebies. Freebies can be expensive, and the cost of providing them can free up other important services like education and health care. Long-term impact of freebies. Freebies can create a culture of dependency, so people expect the government to provide what they need.
This is harmful to the economy and can make it difficult for people to be independent. Ultimately, the decision whether or not to grant political freedom is a complex one that must be made on a case-by-case basis. There are no easy answers, decisions must take into account the potential impact on the poor and marginalized, the democratic process, the value of free payments and the long-term impact of free liberties. Additional thoughts on political freedom: Some argue that freedom is a form of welfare and should help the poor and marginalized. They argue that freedom can help reduce poverty and inequality and improve the quality of life for those who struggle.
Others argue that freedom is a form of vote buying and harmful to the democratic process. They argue that freebies can be used to buy votes and lead to corruption and fraud. Others argue that freedom is a waste of money and has no long-term impact on poverty. They argue that the money spent on freebies can be better spent on other programs like education and health. Public attitudes toward political freedom are complex, and there are no easy answers. However, it is important to consider all potential implications before deciding to provide or not. Legal Analysis: The Hon’ble Supreme Court of India is currently hearing the petition relating to the issue of political freebies and the concept of irrational freebies in Ashwini Kumar Upadhyay v. the Union.
8 The main objective of the hearing is to disallow political parties from mentioning freebies in their manifestos and giving false hopes to the common public. The Supreme Court is trying to answer two questions: Whether freebies constitute goods that are essential for society. How can the government proactively deal with the issue from a fiscal perspective? The issue of distributing free televisions and laptops, among others, was discussed in Subramanian Balaji v. Tamil Nadu. 9 The claim challenged both the actions of DMK and AIDMK. Subramanian Balaji was a resident of Tamil Nadu and noticed that parties were using freebies as a way to get votes in the elections. He found this to be violative of Section 123 of the Representation of the People Act, 1951. 10 Section 123 of the RP Act mentions bribery, and Mr.
Balaji claimed that providing freebies for goods that are not essential would constitute bribery and the parties would be liable. Mr. Balaji also argued about the economic loss that the state faces because of the expenditure and argued whether it will be valid. According to Article
282 of the Indian Constitution, "The Union or a State may make any grants for any public
purpose, notwithstanding that the purpose is not one with respect to which Parliament or the
8 Ashwini Kumar Upadhyay v. Union of India, 2022 SCC OnLine SC 1098
9 S. Subramaniam Balaji v. State of T.N., (2013) 9 SCC 659
10 Representation of the People Act, 1951, No.123, Acts of Parliament
Legislature of the State, as the case may be, may make laws. "11 The case argued whether televisions can be classified as goods for public purposes. The Hon’ble Supreme Court decided that the issue of constituting freebies as bribes would not hold true. The rationale behind this was that essentially everything mentioned in a manifesto would be a bribe. To explain this further, we take a look at any party that mentions its manifesto before elections. One of their purposes for mentioning these promises is to convince the voters to vote for them and their respective parties. It was held that the concept of freebies mentioned in the manifesto would not fall under the ambit of Section 123 of the RPA and would not be considered a bribe.
The issue that was discussed next was with regards to whether the government can decide what freebies they are using and whether they are goods for public purposes. Article 282 primarily looks at goods for a public purpose, and the discussion arises with regards to whether freebies can be classified as goods for a public purpose. The court held that whether it is an improvement in the quality of roads or providing freebies, it is up to the government in power. The government must ensure that its concept of freebies is aligned with DPSP (Directive Principles of State Policy). The Supreme Court held that they could in no way interfere with the government and its actions unless they were proven to be unconstitutional. 12 Following Subramanian Swamy v.
Tamil Nadu, the court held that freebies create havoc in society and requested the Election Commission of India create clear rules concerning issues of political freebies by consulting political parties and ultimately making changes to the Model Code of Conduct. Based on the Subramanian Swamy judgement, the Supreme Court can look to open up a platform for debate by considering the economic and legal aspects. It is important to distinguish between freebies and subsidies and sort out the negative effects on the public exchequer. In Ashwini Kumar Upadhyay v. the Union, the court will be using precedent and will be looking at the various aspects of irrational political freebies and will also use its constitutional powers to possibly reconsider the earlier judgement. 13
11 INDIA CONST. art. 282
12 Devadasan, V. and Bhatia, G. (2022) "Freebies" at the Supreme Court. Indian Constitutional Law and Philosophy. Available at: https://indconlawphil.wordpress.com/2022/08/15/freebies-at-the-supreme-court/ (Accessed: November 1, 2022). 13 Kashyap, G. (2022) Freebies in elections day #6: CJI Reiterates 3-judge bench reference. Supreme Court Observer. Available at: https://www.scobserver.in/reports/freebies-in-elections-day-6-cji-reiterates-3-judgebench-reference-ashwini-kumar-upadhyay-v-union-of-india/ (Accessed: November 1, 2022).
Conclusion
In conclusion, the issue of political freebies is still being discussed in the Hon’ble Supreme Court. The analysis in terms of an economic perspective is clear, whereas the legal perspective awaits the Supreme Court’s judgement to better understand the issue of irrational freebies distributed by parties. Overall, I believe society does need freebies, but they should be given to the individuals that deserve them and should focus on the well-being of society. They should be in terms of healthcare, education, public transport, or through government schemes such as MGNREGA14, as opposed to irrational freebies such as TV. It is also up to the government and respective bodies to ensure that every freebie has a social, economic, and legal analysis done to truly understand whether that freebie is required.
14 Mahatma Gandhi National Rural Employment Guarantee Act 2005