What SC's rebuke to Maharashtra means for freebies culture in politics

New Delhi: The Supreme Court of India on Wednesday for the first time warned a state government of suspending its freebie schemes over non-payment to a private party whose land was "illegally" occupied by it more than six decades ago.

Maharashtra urged the bench of Justices B R Gavai and K V Viswanathan to grant three weeks time saying the matter was being considered at the highest level and certain principle was required to be followed for calculating compensation according to the ready reckoner.

"We will grant you three weeks time and pass an interim order that until we permit, no freebies schemes should be implemented in the state of Maharashtra. We will stop 'Ladli Bahin', 'Ladka Bhau'," the bench said.

The unprecedented and harshest-ever remarks from the apex court came against the Maharashtra government ruled by Mahayuti allies Shiv Sena, BJP and NCP.

Coming down heavily on the Maharashtra government, the apex court castigated it saying the state has a huge amount to "waste on freebies" but does not have money to compensate to a private party which lost land to it "illegally".

While the top court called “Ladki Bahin” scheme a “waste on freebies” even before the first instalment was sent to the beneficiaries, it refused to comment on any other freebies by other states ruled by opposition parties who formed their governments due to such schemes.

Not only this, the apex court refrained from any such remarks on freebies champion Delhi government when it failed to pay its share for the Rapid Rail Transit System (RRTS).

In November, the Supreme Court pulled up the Delhi government for not providing funds for the Regional Rapid Transit System (RRTS) corridors to Alwar and Panipat, and said if the dues were not paid within a week, the funds allocated by the AAP government for advertisements will be transferred to the project.

Despite this, the Delhi government went ahead with announcing a scheme to distribute Rs 1,000 in cash every month for women just ahead of the Lok Sabha elections. However, the scheme is yet to see the light of the day.

It is worth noting that several state governments including Delhi, Karnataka, Telangana and Himachal Pradesh were formed by INDIA bloc parties promising freebies.

Among BJP-ruled states, Madhya Pradesh had rolled out Ladli Behna Yojana.

There have been numerous PILs in the Supreme Court against the freebies culture across political parties but the hearings in this matter remained inconclusive. 

One such petition was filed as latest as March earlier this year.

In 2013 judgement delivered by a two-judge bench of the apex court in the matter of S Subramaniam Balaji vs The Government of Tamil Nadu and others required reconsideration.

In its 2013 judgement in the matter of S Subramaniam Balaji vs The Government of Tamil Nadu and others, the apex court had noted that after examining and considering the parameters laid in section 123 of the Representation of People Act(RPA), it arrived at a conclusion that the promises in the election manifesto cannot be read into section 123 for declaring it to be a corrupt practice.

The PILs over the past decade have urged the apex court to reconsider its 2013 order.

While listing one such plea, the Supreme Court had noted there are certain preliminary issues that may be needed to be deliberated upon in these petitions. 

The issues included the scope of judicial intervention with respect to the reliefs sought in these pleas, whether any enforceable order can be passed by this court in these writ petitions and whether the appointment of a commission/expert body by the court would serve any purpose.

While the apex court is yet to arrive at a conclusion in this matter, calling the projected spending on “Ladki Bahin” scheme a “waste on freebies” came as a hope for people against freebies culture in politics to win elections.