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

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  • India will fast-track deployment of 52 defence surveillance satellites
  • In a first, Hinduja Hospital in Mumbai helps patients draw up living will
  • Calcutta HC says that an arrest warrant cannot be issued against an accused who is on anticipatory bail, and if that person is arrested, he or she must be released as per the conditions of the anticipatory bail
  • Monsoon covers entire India 9 days ahead of schedule
  • Maharashtra government scraps order making Hindi the 3rd language in state schools after protests by civil society and opposition
  • A government report says that 64.3% of the population is now under the social security net, up from only 22% in 2016
  • The finance ministry has asked PSB to look at ways to monetise their investment in subsidiaries, by listing them on the stock exchanges
  • After auditor flags overlimit expenses, Karnataka Bank MD & CEO S Hari Hara Sarma and ED Sekhar Rao resign
  • Rosneft likely to sell its stake in Nayara Energy to RIL
  • Ola junks commission-based income model, opts for a daily flat fee from drivers with the hope of attracting more drivers to its platform
  • Torrent Pharma will acquire a controlling stake in JB Chem for Rs 18000cr by buying 46.4% from US fund KKR and another 26% from the public by making an open offer
  • Speculation persists over Jasprit Bumrah making the playing 11 in the second Test against England starting July 2
  • FIH Pro hockey: Indian women slump to their 8th successive loss as they lose to China 2-3
  • US Open BWF Super 300 badminaton: Ayush Shetty wins his first BWF world title by beating Canadian Brian Young 21-18,21-13 but Tanvi Sharma lost in the finals to Beiwwwan Zhang 11-21, 21-16, 10-21
  • R Praggananda wins Tashkent meet, become number 1 chess player in India with FIDE rating of 2799
The SIT formed to probe law college gang-rape in Kolkata has collected the hockey stick used to hit the victim and other rape evidence from the coolege campus /////// Rath Yatra stampede in Puri kills 3
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.