â Legal but non-Binding Nature-
Election manifestos are not legally enforceable documents. Courts have consistently held that manifesto commitments do not amount to âcorrupt practiceâ under SectionâŻ123 of the Representation of People Act, 1951, nor do they create judicially enforceable obligations.
â Supreme Court Jurisprudence-
1. S.âŻSubramaniam Balaji v. Tamil Nadu (2013): SC ruled that manifesto promisesâeven freebiesâare not corrupt practices under SectionâŻ123 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.
âRecent SC Rulings (May 2024): Bench observed that even if manifesto promises benefit voters financially, they cannot be treated as corrupt practices
âRole of Election Commission-
Following judicial guidance, the Election Commission inserted PartâŻVIII 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.
âHigh Court Position-
Allahabad HC (2022) held that nonâfulfillment of manifesto promises is not a penal offence, nor can it trigger courtâdirected mandates or criminal investigations.
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