Bombay High Court seeks State's response in PIL against freebies

The Bombay High Court recently sought the response of the Maharashtra government to a public interest litigation (PIL) petition against the diversion of public funds for the irrational distribution of freebies by the State [Shri Anil Murlidhar Wadpalliwar v. State of Maharashtra and another].

The petition has been filed by a 67-year-old social worker named Anil Murlidhar Wadpalliwar, who has argued that the State is severely harming the economic, social, democratic and political fabric of Maharashtra through its haphazard freebie measures.

In an order passed on October 3, a Bench of Justices Abhay Mantri and Bharati Dangre directed the State government to file its response in the matter by October 23.

In his plea, Wadpalliwar clarified that he is not challenging any particular policy decision but has challenged the rationale behind all such freebie policies.

Wadpalliwar has cited several reports - including on on State Finances published in the RBI Bulletin in June 2022 which said that Maharashtra's debt-to-GDP ratio has worsened - to raise concerns about the State's finances.

Despite this, the State has blatantly been misusing the public funds for freebies, with little or no substantial benefits reaching people, many of whom remain deprived of even basic infrastructural facilities, he said.

"Respondent - State, rather than providing better infrastructures in the villages and the slum is directly providing financial benefits the nature of irrational freebies. It is a gross misuse of taxpayer money, which should be directed toward genuine public welfare and developmental activities rather than being squandered on unsustainable freebies," the plea added.

Wadpalliwar further argued that government distribution of freebies, such as cash handouts, subsidies, or free goods, can have a negative social impact on the citizenry as it creates a dependency culture, discourages people from seeking employment, and creates perceptions of unfairness.

"The increasing practice of the distribution of freebies by the Government of Maharashtra is not only financially imprudent but also undermines the democratic process by creating a culture of dependency and quid-pro-quo between the electorate and the state," his plea adds.

This freebie culture can also lead to populist policies that prioritize short-term gains over long-term stability, he observed.

"This can result in a cycle of irresponsible governance, where leaders focus on distributing immediate benefits to secure political support rather than addressing structural issues that require sustained effort and resources," Wadpalliwar said.

He argued that such half-baked, voter-alluring schemes are not just economically unsustainable but are also an administrative hassle as they face severe implementation and enforcement issues.

"These issues have already started to come to the fore as can be seen that out of a total of 24,000 applications made for one of the latest Scheme of the government, only 2,000 have been approved," he pointed out.

Wadpalliwar also questioned the intent behind freebie policies He cited statements by certain politicians who reportedly threatened voters that beneficial schemes would be withdrawn if favorable votes are not cast. From this standpoint, freebies could be view was electoral bribery, he pointed out.

In view of these concerns, the petitioner has urged the Court to declare such freebies as being violative of the spirit of the Constitution and the principles of democracy.

Wadpalliwar also suggested that an independent commission could be formed or guidelines be put in place to regulate all aspects of freebie distribution. A robust mechanism should be put in place to regulate the spending of public funds from the State exchequer, he said.

The matter has been listed next on October 23.

Advocate SP Bhandarkar appeared for Anil Wadpalliwar.

Assistant Government Pleader JY Ghurde represented the State of Maharashtra.

[Read Order]