The Supreme Court and the Election Commission of India have been at odds over who should address the issue of electoral freebies. Both agree that political parties should fund these incentives from their own funds, not the government’s treasury. However, neither has taken decisive action. The central government has also refrained from stepping in.
The Tamil Nadu government, led by the Dravida Munnetra Kazhagam (DMK), has opposed any measures that would restrict its ability to distribute freebies, claiming these are part of their development and welfare initiatives. Tamil Nadu is known for its extensive distribution of freebies, such as colour TVs, free rice, household appliances, mobile phones, and subsidies. Both the DMK and the All India Anna Dravida Munnetra Kazhagam (AIADMK) have long competed in offering such incentives to secure votes.
AIADMK general secretary Edappadi K Palaniswami recently criticised the DMK for what he termed the “Erode East Formula,” likening it to the infamous “Thirumangalam Formula” from the 2009 by-election in Madurai. During that election, cash was allegedly distributed to voters in envelopes hidden in newspapers, a tactic attributed to the DMK. This strategy has since been copied in subsequent elections, with officials often turning a blind eye to these activities.
The Madras High Court judge B Pugalendhi has directed the DGP to file a report on the number of cases registered for distribution of cash to voters during the 2019 and 2024 lok sabha elections, 2021 assembly elections and 2022 urban local body elections in Tamil Nadu. He also directed the DGP to furnish details of the number of such cases wherein final reports were filed and also the number of conviction. The court said “Democracy is the basis principle of the Constitution. We proudly declare that we are the largest democratic country in the world. However, of late, gratifications are being made to the electors in the form of money, food, prizes etc. In fact the cases reported for distribution of money/gifts to the voter are rising in every election. Bribery in elections destroys the very basis of a democracy. It is necessary to protect the purity and sanctity of the polls, which can be ensured only by taking stringent action against those who are indulging in such bribing activities.
“Democracy is the foundational principle of our Constitution,” the court stated. “While we proudly declare ourselves the largest democratic country, the increasing cases of voter bribery are deeply concerning. Bribery undermines the essence of democracy and must be addressed with stringent action against those responsible.”
The judge emphasized the alarming amounts of money recovered during elections, highlighting that such practices defeat the very purpose of democracy. He warned that unchecked voter bribery could lead to a de facto monarchy where wealth determines political power. The court called for effective prosecutions to curb this menace.
The court noted, “Not a single case has been effectively prosecuted and led to a conviction. Consequently, those who engage in bribery operate without fear. Voter bribery is an offense against society, not just individuals, and cannot be dismissed through compromises between parties.”
The court was hearing a petition filed by Arulraj and Rajagopal seeking the quashing of proceedings pending against them. They were accused of distributing money during the panchayath elections in Sivaganga district. The court declined to quash the case and posted the matter for next hearing on July 29.
