It is very difficult to define what a 'freebie' is and the Election Commission's "hands are tied" on the issue as it is sub judice, CEC Rajiv Kumar said on Tuesday, 7 January 2025.

He also said it was "high time" that "accepted and legal answers" were found.

Chief election commissioner (CEC) Kumar was addressing a press conference to announce the schedule for the assembly polls in Delhi.

Asked about political parties announcing freebies during election campaigns, he said the matter was sub judice and referred to a court judgement that had held freebies were not 'disallowed'.

"What is 'freebie' for me may be an entitlement for someone else... It is very difficult to define what a freebie is," Kumar said.

"Our pro forma is on our website. This is high time it is accepted and legal answers are found, but our hands are tied at the moment because the matter is sub judice," he added.

Kumar further said that while such announcements were made, people should also be aware of the state's fiscal health.

"It is necessary to see what is the fiscal health of a state... What is the debt-to-GDP ratio? How much will you borrow on that promise? How much is the financial cost of this promise?" he said.

"...We cannot mortgage the future of future generations. This is a very very serious issue," he added.

The Election Commission has proposed to amend the Model Code of Conduct to add a pro forma to Part VIII (Guidelines on Election Manifesto) of the poll code.

It will require political parties to inform voters about the financial feasibility of the promises made in their manifestos and also whether they are sustainable within the financial space of the state or the union government.

The proposed pro forma seeks details of revenue generation routes (through additional taxes, if any, for example), rationalising expenditure (cutting some schemes, if so required), impact on committed liabilities and/or raising of further debt and its impact vis-a-vis the limits of the Fiscal Responsibility and Budget Management (FRBM) Act.

The model code is a document that guides the poll panel in ensuring a level playing field for all political parties and candidates during elections.