The Supreme Court on August 24 said it will constitute a three-judge Bench to reconsider a 2013 judgment which held that pre-poll promises made by a political party cannot constitute a corrupt practice under the Representation of the People (RP) Act.
- The S. Subramaniam Balaji versus Government of Tamil Nadu judgment, based on DMK’s pre-election promise to distribute colour television sets to poor households in Tamil Nadu, said only an individual candidate, not his party, can commit a ‘corrupt practice’ under the RP Act by promising free gifts.
- The Balaji judgment (S. Subramaniam Balaji versus Government of Tamil Nadu, 2013), by a two-judge Bench of the apex court, came under the spotlight after nine years when a Bench led by Chief Justice N. V. Ramana was told on August 24 that there cannot be a dichotomy between a political party and its candidate.
- What the candidate promises is what his party wants him to promise. The party cannot escape liability.
- A candidate makes a promise with the backing of his party. There cannot be a dichotomy between a candidate and his party, senior advocate Arvind P. Datar submitted before CJI Ramana’s Bench during a hearing on ways to rein in irrational freebies.
(Sources: The Hindu)
