oppn parties EC & Political Parties Must Sit Together To Find The Way Ahead

News Snippets

  • The Indian envoy in Bangladesh was summoned by the country's government over the breach in the Bangladesh mission in Agartala
  • Bank account to soon have 4 nominees each
  • TMC and SP stayed away from the INDIA bloc protest over the Adani issue in the Lok Sabha
  • Delhi HC stops the police from arresting Nadeem Khan over a viral video which the police claimed promoted 'enmity'. Court says 'India's harmony not so fragile'
  • Trafiksol asked to refund IPO money by Sebi on account of alleged fraud
  • Re goes down to 84.76 against the USD but ends flat after RBI intervenes
  • Sin goods like tobacco, cigarettes and soft drinks likely to face 35% GST in the post-compensation cess era
  • Bank credit growth slows to 11% (20.6% last year) with retail oans also showing a slowdown
  • Stock markets continue their winning streak on Tuesday: Sensex jumps 597 points to 80845 and Nifty gains 181 points to 24457
  • Asian junior hockey: Defending champions India enter the finals by beating Malaysia 3-1, to play Pakistan for the title
  • Chess World title match: Ding Liren salvages a sraw in the 7th game which he almost lost
  • Experts speculate whether Ding Liren wants the world title match against D Gukesh to go into tie-break after he let off Gukesh easily in the 5th game
  • Tata Memorial Hospital and AIIMS have severely criticized former cricketer and Congress leader Navjot Singh Sidhu for claiming that his wife fought back cancer with home remedies like haldi, garlic and neem. The hospitals warned the public for not going for such unproven remedies and not delaying treatment as it could prove fatal
  • 3 persons died and scores of policemen wer injured when a survey of a mosque in Sambhal near Bareilly in UP turned violent
  • Bangladesh to review power pacts with Indian companies, including those of the Adani group
D Gukesh is the new chess world champion at 18, the first teen to wear the crown. Capitalizes on an error by Ding Liren to snatch the crown by winning the final game g
oppn parties
EC & Political Parties Must Sit Together To Find The Way Ahead

By Our Editorial Team
First publised on 2024-02-16 06:47:30

About the Author

Sunil Garodia The India Commentary view

In a landmark decision, the Supreme Court declared the electoral bond scheme 'unconstitutional' as it ruled that the citizens' right to know was paramount and superseded donors' right to privacy. Saying that the scheme violated Article 19(1)(a) of the Constitution, the 5-judge bench of CJI D Y Chandrachud and Justices Sanjiv Khanna, B R Gavai, J B Pardiwala, and Manoj Misra, in a unanimous verdict (there were two concurring judgments with different reasoning but same conclusion) asked the government to stop the scheme immediately. It also asked the SBI to give all details of all bonds purchased from April 2019 to the Election Commission by March 6 which in turn was directed to publish the same on its website by March 13.

The apex court was not swayed by the government argument that the bonds were necessary to curb 'black' money in politics as they were purchased through banking channels. It said that there were better ways to do that instead of an instrument that lacked transparency. The bench also ruled that all amendments to Companies Act, the Income Tax Act and the Representation of Peoples Act to facilitate the operation of the electoral bond scheme stood quashed. It said that unlimited political funding by companies could be used to influence public policy and lead to quid pro quo.

There is no doubt that the electoral bonds lacked transparency. As the court said, the public had the right to know who was funding whom and if the donors got favours in return to make informed choices when they voted. The court also found the decision to remove the cap (7.5% of the average profit of last three years) on funding by companies and allowing loss-making companies to donate 'arbitrary'. As the details will now be available in public domain, it will be known how big donors gained (if they did) by making substantial contributions to political parties. As the biggest beneficiary, the BJPs actions will obviously come under the scanner but since the opposition rules in several states, the actions of the Congress and some regional parties will also be scrutinized.

But will the scrapping of the electoral bonds once again lead to secret cash donations and infusion of black money? Rs 16000cr worth of bonds were sold since inceptionfor an average of just above Rs 3000cr per year. There will not be a vacuum for such a huge amount, especially as the Lok Sabha elections are approaching. Although electoral trusts exist and are transparent, they are not the preferred mode of donation. This Supreme Court judgment should lead the Election Commission and the political parties to sit together and find out ways to clean up the political funding system. They should come up with a system that is clean, transparent and fair.