The apex court had observed while deciding the case of S.Subramaniam Balaji vs Government of Tamil Nadu and others in 2013.

 

The Election Commission of India too told the apex court that the promise of freebies at government cost disturbs the level playing field and vitiates the electoral process.

 

Late Balaji had fought against the freebie schemes of the both parties DMK and AIADMK governments going up to the Supreme Court.

 

In its judgement, the apex court said: "Although, the law is obvious that the promises in the election manifesto cannot be construed as 'corrupt practice' under Section 123 of the RP Act (Representation of the People Act), the reality cannot be ruled out that the distribution of freebies of any kind, undoubtedly, influences all people. It shakes the root of free and fair elections to a large degree."

 

Balaji had filed the case against the distribution of free colour television sets by the DMK to the people as part of its pre-election promise in 2006.