The Election Commission has told the Supreme Court that offering or distribution of any freebies either before or after an election is a policy decision of the party concerned and whether such policies are financially viable or have adverse effect, has to be decided by the voters of that State.
In its affidavit, the EC said, "The Election Commission of India cannot regulate State policies and decisions which may be taken by the winning party when they form the government. Such an action, without enabling provisions in the law, would be an overreach of powers."
