New Delhi: Amid a fierce competition between the BJP and Opposition to offer freebies ahead of the Assembly elections in five states, former Chief Election Commissioner SY Quraishi said offering poll sops is legally a legitimate activity and even the Supreme Court could not abolish it.


In an interview to news agency PTI, the former Chief Election Commissioner said, “The issue of freebies had even gone up to the Supreme Court which could have declared it illegal. However, it did not. The court could have called it a corrupt practice, but it did not. Legally, offering freebies and guarantees is a legitimate political activity and even the Supreme Court could not abolish it.”






His statements come a few days after Chief Election Commissioner Rajiv Kumar said the announcement of freebies by political parties comes with a “tadka of populism”.


Last week, the top court sought responses from poll-bound Madhya Pradesh and Rajasthan on a plea alleging pre-election freebies were being distributed out of state revenue at a time when the states were reeling under huge debt.


The Supreme Court was initially reluctant to take up the matter, saying it was not possible to control all kinds of poll freebies made by the governments.


“Before elections, all kinds of promises are made and we cannot control this,” SC bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra said, reported PTI.


The former CEC also said that it is expected that the Election Commission will "show spine" and be "strong and tough" in taking swift action in cases of violations of the model code of conduct in the upcoming assembly polls.


“Sometimes the incumbents have been accused of soft pedalling and being soft on violations, others have come down heavily on violations. So, we expect that the present Commission will show spine and will be strong and tough in taking swift and neutral action in the upcoming polls,” Quraishi said.


Former CEC On ‘One Nation, One Election’


Weighing in on ‘One Nation, One Election’, the possibility of conducting simultaneous elections that the Centre is mulling, the former CEC said it has its own pros and cons. If a consensus can be reached then it can be implemented or else it should not thrust upon the people.






“Simultaneous polls has its own advantages and disadvantages, and as Prime Minister Narendra Modi has been saying, there has to be a national consensus. If a national consensus is achieved, nothing like it, but if not, it should not be thrust on the people,” the author of 'India's Experiment with Democracy' told PTI.