The Supreme Court on Tuesday issued notice to the Centre on a petition challenging political parties handing out “irrational freebies” from public funds during elections, with Chief Justice of India N.V. Ramana agreeing that it was a “serious issue” but expressing scepticism on whether it could be judicially resolved.

“It’s a serious issue no doubt. The freebie budget is going beyond the regular budget and sometimes, as observed by this court, it is not a level playing field for some parties, etc…. You tell us how can we manage or control this,” CJI Ramana told senior advocate Vikas Singh, appearing for petitioner Ashwini Kumar Upadhyay, an advocate.

The bench, which also had Justices A.S. Bopanna and Hima Kohli, referred to the 2013 Supreme Court judgment in the Subramaniam Balaji Vs State of Tamil Nadu case wherein it had asked the Election Commission to frame guidelines on the contents of manifestos of parties.

The apex court had, however, ruled that promise of freebies did not amount to corrupt practices under the Representation of People Act.

Singh pleaded that there should be suitable legislative enactment to deal with the issue as guidelines framed by the EC had no legal sanctity and were “teethless”.

Justice Ramana pointed out that Upadhyay’s petition referred to freebies offered by only “two” parties.

“If every party is doing the same thing, why have you only mentioned two (parties) in your affidavit?” the CJI asked Singh, who said he had not named any political party in the petition.

A copy of the petition that Upadhyay shared with The Telegraph show that he has mentioned the Aam Aadmi Party, Shiromani Akali Dal and the Congress as those offering freebies in election-bound Punjab.

Upadhyay, a former AAP activist, had later moved to the BJP. He denies involvement in the BJP’s activities but the party claims he is a spokesperson.

Justice Kohli told Upadhyay: “You may not be naming the parties, but you are very clear in your averments.”

The bench noted that the petitioner had not impleaded the political parties who could be affected by an order passed by the court.

CJI Ramana later issued notices to the Centre and the Election Commission of India for their response within four weeks.

Upadhyay has sought a declaration from the apex court that promises of “irrational freebies” from public funds before elections unduly influence voters, disturb the level playing field, shake the roots of free and fair polls and vitiate the purity of the process.

He submitted that the promise of distribution of goods and service, which are not for public purposes, from public funds before elections violates Articles 14 (equality), 162 (conduct of business by State) and 266(3) (appropriation of public funds only according to constitutional provisions) of the Constitution.

The petitioner wanted a direction that such promises to lure voters was “analogous to bribery and undue influence under Section 171B and Section 171C of the IPC”.

The petition has sought a direction to the ECI to insert in Paras 6A, 6B and 6C of the Election Symbols Order, 1968, the condition that “political partys shall not promise/ distribute irrational freebies from the public fund before election”. In case of violation, a party should be deregistered and its election symbol seized, the petition demanded.

Alternatively, the court may direct the Centre to enact a law to regulate political parties, Upadhyay proposed.

The petition cited instances of AAP promising Rs 1,000 a month to every woman aged 18 and above, and the Akali Dal pledging Rs 2,000 to each woman if voted to power.

It has pointed to the Congress promising Rs 2,000 per month and eight gas cylinders per year to every homemaker in Punjab and a scooty to every college girl, besides Rs 20,000 to each girl who clears Class XII.

“The injury to the citizens is extremely large because Punjab needs Rs 12,000 crore per month to fulfil the political promises if AAP comes to power; Rs. 25,000 crore per month if SAD comes to power and Rs 30,000 crore if Congress comes to power, though GST collection is Rs 1,400 crore only. In fact, after debt repayment, Punjab government is not able to pay even salaries-pensions to the government staff,” the petition claimed.