"State Splurging On Freebies Important Matter To Examine": Chief Justice

Chief Justice Surya Kant on Wednesday observed that the states splurging on freebies is an "important matter to examine" amid concerns that poorly targeted subsidies could create unsustainable fiscal burdens for future generations.

"State splurging on freebies rather than on welfare schemes is an important matter to examine," the Chief Justice observed.

The court was hearing a public interest litigation filed by Ashwini Upadhyay, seeking directions to the Election Commission to not allow political parties to promise certain social welfare benefits that he described as freebies.

"Free medical aid, free education, public welfare measures, all that is fine. That is the state performing its constitutional obligation. Distribution of state largesse in such things rather than spending on state welfare schemes is an issue to be examined," he said. 

In 2022, the top court had referred a petition seeking restrictions on "freebies" by political parties to a three-judge bench. Today, the top court said it is an important issue and it will consider it while forming 
a three-judge bench.

Making strong observations on the practice of political parties announcing freebies ahead of elections, the Supreme Court in February last said people are "not willing to work" because of them and wondered whether a "class of parasites" was being created in the country. 

The distribution of freebies has become a political issue and Prime Minister Narendra Modi has frequently attacked the AAP, Congress and other parties, accusing them of trying to buy people's votes by distributing "revdis". 

Hitting back, the parties have attacked the BJP-led government's track record on inflation and unemployment and said there is nothing wrong with taxpayer money being used to make people's lives easier. 

In December, Sanjeev Sanyal, Economic Advisory Council to the Prime Minister (EAC-PM) member, drew a sharp distinction between welfare "safety nets" and politically driven "freebies, arguing that a certain level of safety net is essential in any risk-taking society.

"In a risk-taking culture, failure is inevitable. Whether it's a startup or even setting up a small kirana shop, risk exists at every level. Some people will fall off at the edges, and society must provide safety nets for them," he said.

However, he cautioned against assuming that economic growth alone will lift everyone. "Trickle-down does happen, but it doesn't reach everyone. What we need is assisted trickle-down, creating pathways upward and helping those who can't climb on their own," Sanyal noted.

At the same time, he expressed discomfort with universal, non-targeted freebies, citing examples such as free bus travel for women.