2022 SCC OnLine SC 1098.

(Delivered on August 26, 2022) Coram : 3-Judge Bench of HM Justices N.V. Ramana, Hima Kohli and C.T. Ravikumar Per Curiam (Full Court’s) Order of Reference

The questions arose in the batch of writ petitions relating to promises made by the political parties for the distribution of free goods (freebies) as part of their election manifesto or during election speeches. Such “freebies” were challenged as having a large-scale impact on the economy of the state, which are made invariably without any assessment of the financial implications on the state but simply for attracting the vote bank.

A request was made for reconsideration of the judgment of S. Subramaniam Balaji v. State of T.N. (2013) 9 SCC 659, wherein the Supreme Court held, while interpreting Section 123 of the Representation of People Act, 1951, that such pre-poll promises for “freebies” do not fall within the ambit of corrupt practices. The Court in S. Subramaniam Balaji had issued directions to the ECI for framing certain guidelines in the absence of any legislative enactment covering the field. The aforementioned reasoning of the Supreme Court in the aforementioned judgment was challenged as having serious ramifications over state policies and that directive principles of state policy override fundamental rights is a proposition erroneously stated in the aforementioned judgment. Accordingly, the issue and the batch of writ petitions were referred to 3-Judge Bench for consideration.