Freebies: Supreme Court frames questions

The Supreme Court has decided to refer the freebies matter to a three-judge bench. Earlier, it had been inclined to constitute a committee of experts on the subject. Now, that is one of four questions put to the three-judge bench. The questions:

1. What is the scope of judicial intervention? 
2. What should be the composition of the expert panel to examine the issue? 
3. Can the court pass any enforceable order? 
4. Whether Subramaniam Balaji vs Government of Tamil Nadu judgment needs reconsideration?

In Subramaniam Balaji vs Government of Tamil Nadu, the petitioner had challenged the decision of the DMK government in Tamil Nadu to distribute colour TVs to identified individuals. The petition was dismissed by the Madurai High Court in 2007. In 2011, the same petitioner approached the High Court with a prayer to restrain the AIADMK government from distributing freebies such as mixies, grinders, electric fans, etc. The case was transferred to the Supreme Court. In 2013, the Supreme Court dismissed the case saying it had no grounds to interfere.

Question no (3) above was, in a way, addressed by the Supreme Court then. The honourable Court decided it could not issue any guidelines in respect of freebies.

I guess the larger issue that has arisen now is whether political parties can provide freebies in ways that undermine public finances. That seems to to the point addressed in questions (1)  and (4) above. While the grounds on which the SC had ruled in 2013 may be valid, is there a further ground, fiscal responsibility, on which Subramaniam Balaji can be revisited? It's going to be a tough call.