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Do Direct Cash Transfer schemes announced by governments in power, and the promise of freebies ahead of elections, amount to bribes and consequently, a corrupt practice under the election law?
This question came before a Supreme Court bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Aniruddha Bose in the form of a petition seeking a ban on the same. The apex court has subsequently issued notices to the Centre, the Election Commission, and five state governments.
Petitioner Pentapati Pulla Rao, who contested the Lok Sabha elections from Andhra Pradesh’s Eluru constituency on a Janasena Party ticket, in his plea referred to the Centre’s PM Kisan Samman Nidhi Scheme and others schemes by the Andhra Pradesh, West Bengal, Telangana, Odisha and Jharkhand governments.
Rao said that though Articles 112 and 202 of the Constitution permit defraying of funds from the Consolidated Fund for public purpose, the Centre and state governments named in the petition “have spent the public money for their political purpose to get electoral advantage over the opponents”.
His petition said that “parties in power have been taking advantage of treasury and knowing about the schedule of the elections implemented Direct Cash Transfer schemes with a motive to get votes/influence the free and fair elections. Though this does not technically comes under Model Code of Conduct as per the present Code of Conduct, the intention of implementing the Direct Cash Transfer one or two months before the announcement of election schedule and transferring the cash to the accounts of voters is clear case of bribery…”
It said, “To counter the parties in power, political parties such as Indian National Congress have promised Freebies/Rs 72,000 cash transfer in their manifestos during the General elections-2019”, adding that “political parties have incorporated various Direct Cash Transfer schemes, loan waivers etc in the manifestos without considering the financial burden on the government and without considering the possibility of implementation”.
Rao’s petition pointed out that the apex court in July 2013 had asked the Election Commission to frame guidelines with regard to distribution of various schemes before elections by political parties to stop corrupt practices and electoral bribes, also directing the Union of India to frame appropriate legislation.
But “no effort was made by the Union of India and Election Commission of India for the implementation of the directions passed by this Hon’ble Court”, the petition said.