Suggsted Policy Framework to Regulate Freebies in Indian Union

 

Here’s a policy-style framework that the Supreme Court of India could adopt to curb the misuse of taxpayer money through election-time freebies:

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Suggsted Policy Framework to Regulate Freebies in Indian Union

1. Definition and Scope

SC must order No Freebies even to Poorest of Poor be decalered in the last year of mandatory term of 5 years of any State Govt or Central Govt.

• Clearly define freebies as non-essential, non-targeted benefits announced or distributed prior to elections.
• Distinguish between welfare measures (targeted, need-based, long-term schemes) and electoral inducements (short-term, populist giveaways).

2. Mandatory Fiscal Impact Assessment

• Require every new scheme announced to undergo a Fiscal Responsibility Audit.
• Audit must disclose:
  • Estimated cost to the exchequer.
  • Source of funding.
  • Long-term sustainability.

3. Election Commission Oversight

 SC must order No Freebies even to Poorest of Poor be decalered in the last year of mandatory term of 5 years of any State Govt or Central Govt.

• Direct the Election Commission of India (ECI) to establish a Freebie Review Committee.
• Committee empowered to:
  • Vet schemes for legality and fiscal prudence.
  • Suspend or prohibit schemes deemed electoral inducements.

4. Transparency and Public Disclosure

• Mandate governments to publish:
  • Scheme details in official gazettes.
  • Fiscal impact reports accessible to citizens.
• Require disclosure in election manifestos of how promises will be funded.

5. Independent Monitoring Authority

• Recommend creation of a Statutory Authority on Fiscal Discipline in Elections.
• Authority to:
  • Monitor state and central announcements.
  • Issue binding advisories.
  • Report violations to the Supreme Court or High Courts.

6. Judicial Review Mechanism

• Empower citizens, NGOs, or opposition parties to file Public Interest Litigations (PILs) challenging freebies.
• Fast-track benches to decide such cases within 30 days to ensure timely intervention before elections.

7. Penal Consequences

• If a scheme is found to be an electoral inducement:
  • Disqualification of responsible ministers or candidates.
  • Freezing of funds allocated to the scheme.
  • Possible contempt proceedings for repeated violations.

8. Long-Term Structural Reforms

• Encourage adoption of Fiscal Responsibility and Budget Management (FRBM) amendments to cap election-time spending.
• Promote performance-based welfare schemes linked to measurable outcomes (education, health, employment).

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Conclusion

This framework balances social justice with fiscal responsibility. By empowering the Election Commission, mandating transparency, and enabling judicial review, the Supreme Court can ensure that welfare remains genuine and sustainable, rather than a cynical tool for electoral gain. And No social justice scheme can be decared or adopted after completion of 4 yars term by any Govt either State or Central Govt.

Col Rajendra Shukla

New Delhi

Jai Hind Jai Bharat