Supreme Court of India
S. Subramaniam Balaji v. The Government of Tamil Nadu & Ors.
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4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that all such questions must be debated and decided in the legislature and not in court.
Judgment, page 76
From the headnote
Representation of the People Act, 1951 - s. 123 - J.t Elections - Promises made by political parties in their election c manifesto - If amounts to 'corrupt practices' as per s.123 - ..._ Held: Promises in the election manifesto cannot be read into s. 123 for declaring it to be a corrupt practice - Promises in the election manifesto do not constitute as a corrupt practice under the prevailing law - However, reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, --f influences all people - It shakes the root of free and fair elections to a large degree - Considering
Authorities it was built on
- 1997 Vishaka and Ors. v. State of Rajasthan and Ors.
- 2002 Union of India v. Association for Democratic Reforms and Anr.
- 2003 People's Union for Civil Liberties (pucl) and Anr. v. Union of India and Anr.
- 2003 Federal Bank Ltd. v. Sagar Thomas and Others
- 1991 Deepak Theatre, Dhuri v. State of Punjab and Ors.
- 2011 Aruna Ramchandra Shanbaug v. Union of India and Others
- 2010 Bhim Singh v. Union of India and Ors.
- 2001 Patangrao Kadam v. Prithviraj Sayajirao Yadav Deshmukh and Ors.
- 2010 Craig Allen Coates v. State & Anr.
- 2009 M. J. Jacob v. A. Narayanan & Ors.
- 2008 Baldev Singh Mann v. Surjit Singh Dhiman
- 2006 Ekta Shakti Foundation v. Govt. of Nct of Delhi
- 1995 Prof. Ramchandra G. Kapse Etc. v. Haribansh Ramakbal Singh Etc
Where later benches applied it
- 2021 State of Tamil Nadu & Anr. v. National South Indian River Interlinking Agriculturist Association
- 2026 The State of Karnataka v. Prathik Parasrampuria
- 2022 Ashwini Kumar Upadhyay v. Union of India and Anr.
- 2014 Association of Unified Tele Services Providers & Others v. Union of India
Of those, 1 relied on · 3 mentioned
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