Important decision of the Supreme Court on Revdi culture, sent a bench of 3 judges for reconsideration
A new three-judge bench of the Supreme Court will now hear the demand for a ban on the distribution and announcement of free ravais by political parties to woo voters before the elections. On Friday, the Supreme Court referred the matter to a three-judge bench in view of the important issues related to the case and on the demand of reconsideration of the 2013 Subramanian Balaji judgment made by some of the petitioners.
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The 2013 verdict was delivered by a two-judge bench which held that distribution of free gifts by political parties is not a corrupt practice under Section 123 of the Representation of the People Act. These orders were given by a three-member bench of Chief Justice NV Ramana, Hima Kohli and CT Ravikumar on Friday. Justice Ramana is retiring Friday, his last day as the CJI, to hear the case in the Supreme Court. At the last hearing itself, the court had indicated to refer the matter to a three-judge bench for reconsideration of the 2013 verdict. On Friday, the court referred the matter to three judges, saying that the matter needed a detailed hearing.
The court said that on the orders of the Chief Justice, the matter should be put up for hearing after four weeks in a three-judge bench. The court, in its order, said that there is a need for detailed hearing on the issues raised by the parties regarding the declaration of free radios by political parties at the time of elections. Some issues need to be decided at the initial stage like what is the scope of judicial intervention in this matter. Will any purpose be served by the court appointing an expert committee? The court said in the order that some of the parties have sought reconsideration of Subramaniam Balaji’s decision of 2013. In that judgment, the court had said that distribution of free gifts to political parties cannot be called corrupt practice.
The bench said in the order that considering the complexity of the issues and seeking quashing of Subramanian Balaji’s decision, the matter is being referred to a three-judge bench for consideration. The court said that in this case, mainly raising the issue of promises made by political parties during elections, it has been said that it has an impact on the economic condition of the state and this cannot be allowed. The court said in the order that it cannot be denied that in an electoral democracy as we have here, the real power lies in the hands of the voter. Voters decide which party and candidate will come to power. And it is they who assess the performance of that party and candidate in the next election after the term of the legislature is over.
