Should India enact a law to regulate electoral promises involving freebies? Critically evaluate the need for such a legal framework.
Kartavya Desk Staff
Topic: Salient features of the Representation of People’s Act.
Topic: Salient features of the Representation of People’s Act.
Q3. Should India enact a law to regulate electoral promises involving freebies? Critically evaluate the need for such a legal framework. (10 M)
Difficulty Level: Medium
Reference: TH
Why the question? The Supreme Court on Wednesday (February 12, 2025) deprecated the practice of announcing freebies prior to elections, and said people were not willing to work as they were getting free ration and money. Key demand of the question The question requires a critical evaluation of the need for a legal framework to regulate electoral freebies. It demands arguments both in favor and against such a law while considering constitutional provisions, judicial pronouncements, and governance concerns. Structure of the answer Introduction: Briefly introduce the issue of electoral freebies, highlighting concerns over fiscal prudence, voter behavior, and governance ethics. Mention relevant judicial observations or policy debates. Body: Why has the need for such a law arisen? Explain the rising fiscal burden, impact on voter rationality, and judicial observations stressing the urgency of regulation. Arguments in support of the law: Discuss fiscal discipline, electoral ethics, governance accountability, judicial backing, and global best practices. Arguments against the law: Highlight risks to state autonomy, subjectivity in defining freebies, judicial and legislative overreach, misuse for political targeting, and the sufficiency of existing legal mechanisms. Conclusion: Provide a balanced perspective, suggesting that rather than an outright ban, a transparent and accountable regulatory approach could ensure both fiscal responsibility and welfare objectives.
Why the question?
The Supreme Court on Wednesday (February 12, 2025) deprecated the practice of announcing freebies prior to elections, and said people were not willing to work as they were getting free ration and money.
Key demand of the question
The question requires a critical evaluation of the need for a legal framework to regulate electoral freebies. It demands arguments both in favor and against such a law while considering constitutional provisions, judicial pronouncements, and governance concerns.
Structure of the answer
Introduction: Briefly introduce the issue of electoral freebies, highlighting concerns over fiscal prudence, voter behavior, and governance ethics. Mention relevant judicial observations or policy debates.
• Why has the need for such a law arisen? Explain the rising fiscal burden, impact on voter rationality, and judicial observations stressing the urgency of regulation.
• Arguments in support of the law: Discuss fiscal discipline, electoral ethics, governance accountability, judicial backing, and global best practices.
• Arguments against the law: Highlight risks to state autonomy, subjectivity in defining freebies, judicial and legislative overreach, misuse for political targeting, and the sufficiency of existing legal mechanisms.
Conclusion: Provide a balanced perspective, suggesting that rather than an outright ban, a transparent and accountable regulatory approach could ensure both fiscal responsibility and welfare objectives.