The Supreme Court of India has ruled that promises made in election manifestos by political parties do not amount to corrupt practices under the Representation of the People Act, 1951. This decision came in the context of a legal challenge to the Congress party’s manifesto for the Karnataka Assembly elections, which included significant social welfare promises.
Key Observations
- Manifesto Promises:
- The Congress party’s election manifesto included promises such as free electricity up to 200 units, a monthly payment of Rs. 2,000 to every woman heading a family, 10 kilograms of food grains to below poverty line (BPL) families, a stipend for unemployed educated youth, and free bus travel for women in state buses【481†source】【482†source】.
- Legal Framework:
- The court examined the provisions of Section 123 of the Representation of the People Act, which defines corrupt practices in the context of elections. The court clarified that a practice can only be deemed corrupt if it is carried out by a candidate, their agent, or with the candidate’s consent. Policy declarations by a political party in their manifesto do not fall under this definition【481†source】【482†source】.
- Judicial Interpretation:
- The court emphasized that whether a policy is sound or financially viable is a matter for voters to assess, not a basis for legal challenges to election results. This ruling underscores the autonomy of political parties to articulate their policies and promises without fear of them being labeled as corrupt practices, as long as there is no direct evidence linking these promises to corrupt activities by the candidates themselves【480†source】【482†source】.
Implications
This ruling provides clarity on the legal standing of election manifestos, ensuring that candidates are not unfairly targeted based on the content of their party’s promises. It upholds the democratic process by allowing political parties to present their vision and policies to the electorate. At the same time, it maintains that voters have the right to hold elected representatives accountable for fulfilling their manifesto promises.