Background:
The Supreme Court on February 15 delivered a significant blow to the government by declaring the electoral bonds scheme for political funding unconstitutional. The apex court's decision, months ahead of the Lok Sabha polls, raised concerns about the scheme's violation of constitutional rights.
Key Points:
1. Violation of Constitutional Rights:
The Supreme Court ruled that the electoral bonds scheme violates the Constitutional right to freedom of speech and expression, as well as the right to information.
2. Order to Disclose Contributors:
The State Bank of India (SBI), the designated authority for electoral bonds, is directed to disclose contributor names to the Election Commission (EC). This information includes details of each electoral bond encashed by political parties.
3. Timeline for Disclosure:
SBI is mandated to submit the information to the EC by March 6, and the EC is instructed to publish the details on its official website by March 13.
4. Privacy Concerns:
The court emphasized that the right to privacy includes political privacy and affiliation, highlighting concerns about anonymizing contributions through electoral bonds.
5. Invalidation of Amendments:
The court declared as invalid the amendments made in various laws, including the Representation of Peoples Act and the Income Tax laws.
6. Discontinuation of Electoral Bonds:
SBI is directed to stop issuing electoral bonds, and details of bonds purchased and political parties receiving contributions through electoral bonds must be submitted to the EC.
Legal Proceedings:
The case, initiated by four petitions, including those from Congress leader Jaya Thakur, the Communist Party of India (Marxist), and the NGO Association for Democratic Reforms (ADR), began hearings in October last year. The scheme, introduced in 2018 as an alternative to cash donations for transparency, faced criticism for compromising electoral funding transparency.
Impact on Political Funding:
Critics argue that the anonymity of electoral bond contributions eliminates transparency, potentially favoring ruling parties. The court's decision is expected to have significant implications for the sanctity of the electoral process.
Conclusion:
With the apex court's ruling, electoral bonds face discontinuation, marking a crucial development in the ongoing debate surrounding political funding transparency in India.
(With inputs from PTI)
