Supreme Court Criticizes Freebies Ahead of Elections, Calls for Balance in Welfare Policies

What Has Happened?

• Making strong observations on the practice of political parties announcing freebies ahead of elections, the Supreme Court has said people are "not willing to work" because of them and wondered whether a "class of parasites" was being created in the country. The bench said people were getting ration and money without working.
• A Supreme Court bench comprising Justices BR Gavai and Augustine George Masih expressed disapproval of the practice of offering freebies before polls while hearing a matter relating to homeless people’s right to shelter in urban areas. The report said: "Rather than promoting them to be a part of the mainstream of society by contributing to the development of the nation, are we not creating a class of parasites?" the bench asked.

Ladki Bahin

• Pulling no punches, Justice Gavai referred to the 'Ladki Bahin' scheme in Maharashtra — under which women in the age group of 21-65 with an annual family income of less than Rs 2.5 lakh get Rs 1,500 per month – and similar programmes run by ruling parties in other states, and said, "Unfortunately, because of these freebies, which just on the anvil of elections are declared, like 'Ladki Bahin' and other schemes, people are not willing to work... They are getting free ration and money without doing any work."
• "We quite appreciate your concern for them but would it not be better to make them a part of the mainstream of society and permit them to contribute to the development of the nation?" the bench asked. When Advocate Prashant Bhushan, appearing for one of the petitioners, said there was hardly anybody in the country who did not want to work if they got work, he was interrupted by Justice Gavai, who went on to cite an example. "You must be having only one-sided knowledge. I come from an agricultural family. Because of the freebies in Maharashtra which they announced just prior to elections, agriculturists are not getting labourers," he said.

Need for Balance

• The bench noted that everybody, including Attorney General R Venkataramani, was on the same page that providing shelter to the homeless merited attention but asked, "At the same time, should it not be balanced?" Mr Venkataramani said the Centre was finalising the urban poverty alleviation mission, which would tackle issues like providing shelter to the urban homeless. The bench asked the Attorney General for a timeline and also said the Centre should gather information from all states so that the issue could be considered on a pan-India basis.
• When one of the petitioners said the cause of the homeless was not being addressed as it was last on the priority and that the authorities showed compassion only for the rich and not the poor, his arguments were shot down by Justice Gavai. "Don't make a political speech here. We won't permit our courtrooms to be converted into (an arena for) political battle... How do you say the compassion is shown only for the rich? Even for the government, how can you say this?" The matter will now be heard after six weeks.

Not the First Time

This is not the first time the Supreme Court has spoken out against freebies. In December, a bench of Justice Surya Kant and Justice Manmohan was surprised when it was informed by the Centre that 81 crore people are being given free or subsidised ration under the National Food Security Act of 2013. On migrant workers who have been receiving free ration since the Covid pandemic, the bench had said, "For how long can freebies be given? Why don't we work to create job opportunities, employment, and capacity building for these migrant workers?"

Delhi High Court Refused Petition on Freebies

• The Supreme Court's observations came on a day when the Delhi High Court refused to hear a petition filed by a former judge against freebies promised by the Aam Aadmi Party, Congress, and BJP ahead of the Delhi Assembly elections on February 5. In his complaint, Justice SN Dhingra said such promises made by parties amounted to corrupt practices under the Representation of People Act and sought directions to the Election Commission to declare them "unconstitutional". The high court asked the former judge to approach the Supreme Court after it was told that a similar case was already pending before.
• The distribution of freebies has also become a political issue, and Prime Minister Narendra Modi has frequently attacked the AAP, Congress, and other parties, accusing them of trying to buy people’s votes by distributing "revdis." Hitting back, the parties have attacked the BJP-led government’s track record on inflation and unemployment and said there is nothing wrong with taxpayer money being used to make people's lives easier.
• On its way to wresting Delhi from AAP, BJP made several ambitious commitments to voters to outplay Kejriwal on his pet social welfare pitch. The BJP had announced 16 pledges for a developed Delhi. The first was that it would continue all schemes started by the AAP, indicating that Delhi's subsidy bill on account of free power, water, and bus travel for women would remain the same. In addition, the first promise that the BJP has decided to implement is the Rs 2,500 monthly pension for women.
• BJP has also promised Rs 21,000 for expectant mothers and free education from KG to PG. Of the 16 pledges in the BJP's manifesto, at least seven are direct subsidy schemes. Apart from the women's pension scheme, these include LPG cylinders at Rs 500 to women and one free cylinder every Holi and Deepawali, an increase in senior citizen pension (60-70 years) to Rs 2,500 from Rs 2,000, and for senior citizens (70-plus years), widows, differently-abled, and destitutes to Rs 3,000 from Rs 2,500.
• Also, Atal canteens in slum clusters providing meals at Rs 5, one-time financial assistance of Rs 15,000 and reimbursing travel cost to examination centres for youths preparing for competitive exams, and monthly stipend of Rs 1,000 to Scheduled Caste students.