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Can political parties be held accountable for the promises in their manifestos?

Posted by jobseeker Aanchal Jha | Approved
Answers (1)

≈ Legal but non-Binding Nature-
Election manifestos are not legally enforceable documents. Courts have consistently held that manifesto commitments do not amount to “corrupt practice” under Section 123 of the Representation of People Act, 1951, nor do they create judicially enforceable obligations.

≈ Supreme Court Jurisprudence-
1. S. Subramaniam Balaji v. Tamil Nadu (2013): SC ruled that manifesto promises—even freebies—are not corrupt practices under Section 123 and are not within the purview of courts to regulate.
2. Ashwini K. Upadhyay v. GNCTD (2021): SC reaffirmed that manifesto commitments lack statutory or judicial enforceability.

≈Recent SC Rulings (May 2024): Bench observed that even if manifesto promises benefit voters financially, they cannot be treated as corrupt practices

≈Role of Election Commission-
Following judicial guidance, the Election Commission inserted Part VIII into the Model Code of Conduct. This section urges parties to avoid unduly influencing elections, to provide the financial rationale behind promises, and to uphold constitutional values.

≈High Court Position-
Allahabad HC (2022) held that non‑fulfillment of manifesto promises is not a penal offence, nor can it trigger court‑directed mandates or criminal investigations.

Answered by jobseeker Komal Madaan | Approved

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