Aam Aadmi Party (AAP) has filed an application in the Supreme Court opposing the Public Interest Litigation (PIL) petition filed against political parties promising freebies during election campaigns. The PIL was filed by lawyer Ashwini Upadhyay. AAP has stated that electoral promises such as free water, free electricity, or free public transport are not freebies but examples of discharging constitutional responsibilities of the State toward creating a more equitable society. The petition has been termed untenable and malafide by the AAP.
AAP has further alleged that the petitioner, despite claiming to be concerned about the fiscal deficit has ignored the vast fiscal losses to the exchequer caused by tax rebates, subsidies, and other such freebies routinely provided to big industries and businesses by the center and various state governments. As per the statement submitted by the AAP:
If something needs to be rationalized for the conservation of national resources, it is these benefits that primarily enrich the enriched, rather than benefit the deserving masses which the petitioner wrongfully calls freebies.
AAP has stated:
If the Supreme Court were to finally decide to constitute a panel to examine the issue, the panel must also have representatives from all state governments, all recognized political parties, and planning bodies from each state and Union territory, besides representatives of the Reserve Bank of India, Finance Commission, Election Commission, and NITI Aayog.
AAP has further invoked Article 19 of the Constitution of India which guarantees Freedom of Speech, to strengthen its case. The party has stated:
Prima facie any restriction on electoral speech of the kind of prayed by the petitioner is not justified on any grounds.
The Supreme Court on August 3, 2022, while listening to the petition directed to form an expert body to address the issue of freebies promised by the political parties during elections. The apex court had suggested that the panel must comprise various stakeholders; which include the NITI Aayog, Finance Commission, Law Commission, Reserve Bank of India, and members of ruling and opposition parties.
