Freebie matter: DMK files impleadment application in SC; 'No straight jacket formula'

In a key development on Tuesday, DMK- the ruling party in Tamil Nadu filed an application in the Supreme Court seeking to implead itself in the writ petition against freebies. The plea filed by BJP leader and advocate Ashwini Upadhyay sought a direction to seize the symbol or deregister a political party that promises or distributes "irrational freebies" before elections. Maintaining that the issues raised in this plea are of great public importance, the MK Stalin-led party stated that there is no straight jacket formula that could be applied to decide which scheme is a freebie. 

The DMK argued, "Furthermore, under the Schedule VII to the Constitution, different subject matters have been distributed to the Centre and the State. The Constitution empowers the State Governments under the Concurrent and State Lists to promulgate welfare schemes. Therefore, the term 'freebies' cannot be interpreted in such a way which interferes with the State's competence under Schedule VII". It stressed that a welfare scheme providing a free service to minimize inequalities in income, status, facilities and opportunities cannot be construed as a freebie.

It elaborated, "It is humbly submitted that the scope of a 'freebie' is very wide and there are a lot of aspects which are to be considered. Only a welfare scheme introduced by a state government cannot be judged to be classified as a freebie. The ruling government at the Union giving tax holidays to foreign companies, waiver of bad loans of influential industrialists, granting crucial contracts to favoured conglomerates etc. also have to be considered and cannot be left untouched." 

'Freebie distribution elevated to the level of art' 

During the last hearing, the Supreme Court bench comprising CJI NV Ramana and Justice Krishna Murari observed that the idea of de-recognizing political parties for making promises to give irrational freebies was “undemocratic”. While acknowledging that freebies and social welfare schemes are two different things, the apex court noted that a balance has to be struck between the economy losing money and welfare measures. Asking stakeholders to submit their suggestions on this aspect, it adjourned the matter to Wednesday.

Appearing for the Centre, Solicitor General Tushar Mehta remarked, “Distribution of freebies has been elevated to the level of an art by some parties recently. Elections are fought only on this plank. It is unfortunate that in the country’s election spectrum some parties understand that the distribution of free things is the only way of ‘welfare measures’ for society. This understanding is completely unscientific and will lead to an economic disaster.”