Ashwini Kumar Upadhyay vs Union of India and Anr.

Court

Supreme Court of India

Date

26 August 2022

Case No.

Writ Petition (Civil) No. 43 of 2022

Bench

N.V. Ramana, Hima Kohli, C.T. Ravikumar

Citation

[2022] 6 S.C.R. 1138 : 2022 INSC 875

Headnote

Election laws: Freebies – Matter pertaining to promises made by political parties for the distribution of free goods-‘freebies’ as a part of their election manifesto or during election speeches – In view of the complexity of the issues involved, and the prayer for reconsideration of two-Judge Bench decision of this Court in *S. Subramaniam Balaji, matter referred to three-Judge Bench – Reference to larger Bench.

*S. Subramaniam Balaji v. State of Tamil Nadu (2013)

9 SCC 659 : [2013] 13 SCR 668 – To be reconsidered. Minerva Mills Ltd. v. Union of India (1980) 3 SCC 625 : [1981] 1 SCR 206 – referred to.

The following Order of the Court was passed: ORDER 1. The questions raised in the present set of petitions relates to promises made by political parties for the distribution of free goods (‘freebies’) as a part of their election manifesto or during election speeches. The main contention of the petitioners is that such pre-election promises, which have a largescale impact on the economy of the State, cannot be permitted. The petitioners submit that such pre-election promises are being made by political parties without any assessment of the financial implications on the State is nothing but an

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