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Supreme Court of India 2022-08-26 disposed

ASHWINI KUMAR UPADHYAY vs UNION OF INDIA AND ANR

Bench: 3 — N.V. Ramana, Hima Kohli, C.T. Ravikumar

In Brief

A batch of writ petitions challenged pre-election promises of free goods ('freebies') made by political parties, claiming such promises harm electoral fairness and fiscal responsibility. The petitioners sought judicial intervention to restrict such electoral pledges. The Supreme Court recognized the genuine concern about fiscal mismanagement while holding that the electorate ultimately decides which party to vote for based on promises and performance. The Court refrained from issuing direct orders, acknowledging it lacks jurisdiction over policy and fiscal matters. It referred the matter to a three-judge bench to reconsider whether such promises constitute corrupt practices under electoral law.

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Election Law Constitutional Law Representation of the People Act Fiscal Policy Electoral Promises Judicial Review

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