Union Finance Minister Nirmala Sitharaman on October 22 released the BJP manifesto for the Bihar assembly polls which promised free COVID-19 vaccine once it has been cleared by the ICMR. Opposition parties slammed the BJP for promising free COVID-19 vaccines in its poll manifesto and demanded action by the Election Commission, while alleging that the ruling party was using the pandemic for political gains. The BJP, however, said health is a state subject and its manifesto is for Bihar, not for the entire country, where it has promised that the state will buy the vaccine for its people.

Two former chief election commissioners said the BJP’s move to promise free COVID-19 vaccine to people in its manifesto for the Bihar assembly polls cannot be legally faulted. But, the move does raise ethical question as the model code of conduct is all about ethics, said S.Y. Quraishi, who served as the poll panel chief between 2010 and 2012.

O.P. Rawat, who retired as the chief election commissioner in December 2018, reminded that the Supreme Court had made it clear that a party promising something in its manifesto should also mention the budgetary provisions it would put in place to fulfil the promise. One can put anything in the manifesto, but the Supreme Court has ruled that parties have to explain the budgetary provision required to fulfil the promise, Rawat said.

Significance of election manifesto

• An election manifesto is a published document containing a declaration of the ideology, intentions, views, policies and programmes of a political party. 

• The election manifestos are generally drafted by the political parties keeping an eye on forthcoming elections and are generally published and well publicised. It therefore serves as a reference document or benchmark for the public at large for what a political party stands for. By comparing the ideologies, policies and programmes of the political parties, the electors can decide which party they should vote for to meet their expectations and aspirations.

• After Independence, elections in our country have been held from the year 1952 onwards. But all the political parties were not used to publishing their ideologies, policies and programmes through the publication of manifestos. Major political parties used to make public their ideologies, policies and programmes not necessarily through manifestos.

• However, in recent years many national and state parties are publishing their manifestos for each general election and these manifestos generally contain, in addition to the basic ideology of the parties, major policies, plans, programmes and issues for governance, if they come to power. 

• These include measures such as ensuring comprehensive social security to those at special risk, making quality education affordable to everyone, waiving of agricultural loans, pension scheme for aged and helpless farmers, provision of safe drinking water facility and primary health care, medical cover for specified categories of people such as widows, old age pensioners, farmers, abolishing of child labour, etc. 

• In addition, there is a trend started by some parties recently, in which they directly promise such items which in common parlance are termed as “freebies”.

• “Freebie” is defined as something provided or given free of charge. These promises may be aimed at targeted groups of electorate like BPL families, weaker sections of the society, women, disabled, etc as well as at electorate as a whole.

Observations and directions by Supreme Court

The Supreme Court in its judgment on July 5, 2013 (S.Subramaniam Balaji vs Govt. of Tamil Nadu and Others) directed the Election Commission to frame guidelines with regard to the contents of election manifestos in consultation with all the recognised political parties. 

Key points quoted by the SC are:

i) Although the law is obvious that the promises in the election manifesto cannot be construed as ‘corrupt practice’ under Section 123 of the Representation of the People Act, the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people. It shakes the root of free and fair elections to a large degree.

ii) The Election Commission, in order to ensure a level playing field between the contesting parties and candidates in elections and also in order to see that the purity of the election process does not get vitiated, as in past been issuing instructions under the model code of conduct. The fountainhead of the powers under which the Commission issues these orders is Article 324 of the Constitution which mandates the Commission to hold free and fair elections.

iii) We are mindful of the fact that generally political parties release their election manifesto before the announcement of election date, in that scenario, strictly speaking, the Election Commission will not have the authority to regulate any act which is done before the announcement of the date. Nevertheless, an exception can be made in this regard as the purpose of the election manifesto is directly associated with the election process.

What EC did after the SC judgment?

The Constitution under Article 324 mandates the Election Commission, to conduct elections to the Parliament and the State Legislatures.

Upon receiving the directions of the Supreme Court, the Election Commission held a meeting with the recognised national and state political parties for consultation with them in the matter and took note of their conflicting views in the matter.

During consultations, while some political parties supported the issuance of such guidelines, others were of the view that it is their right and duty towards voters to make such offers and promises in manifestos in a healthy democratic polity. 

After consultation with the political parties, the EC issued the following guidelines under Part VIII of the model code of conduct:

i) The election manifesto shall not contain anything repugnant to the ideals and principles enshrined in the Constitution and further that it shall be consistent with the letter and spirit of other provisions of model code of conduct.

ii) The Directive Principles of State Policy enshrined in the Constitution enjoin upon the state to frame various welfare measures for the citizens and therefore there can be no objection to the promise of such welfare measures in election manifestos. However, political parties should avoid making those promises which are likely to vitiate the purity of the election process or exert undue influence on the voters in exercising their franchise.

iii) In the interest of transparency, level playing field and credibility of promises, it is expected that manifestos also reflect the rationale for the promises and broadly indicate the ways and means to meet the financial requirements for it. Trust of voters should be sought only on those promises which are possible to be fulfilled.

Prohibitory period of release of manifesto during elections

i) In case of single phase election, the manifesto shall not be released during the prohibitory period, as prescribed under Section 126 of the Representation of the People Act, 1951.

ii) In case of multi-phase elections, the manifesto shall not be released during the prohibitory periods, as prescribed under Section 126 of the Representation of the People Act, 1951, of all the phases of those elections.

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