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

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  • Supreme Court seeks reply from the states about anti-conversion laws
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  • World Wrestling Championships: Male wresters draw a blank and wone continue to struggle, showing that India is losing out in a sport where it once excelled
  • Speed Skating World Championships: Anandkumar Velkumar becomes the first Indian to win gold in 100m inline sprint. This comes after his bronze in the 500m event
  • BCCI ropes in Apollo Tyres as new jersey sponsor after Dream 11 had to bow out due to the ban on online gaming companies, to get Rs 200cr more
  • World Athletics: High jumper Sarvesh Anil Kushare finishes an impressive sixth
  • A study has found that the Red Fort in Delhi is turning black due to air pollution
  • PM Modi asks defence ministry to achieve greater integration among armed forces
  • Supreme Court refuses to stay the entire Waqf Act but stays some provisions it finds bad in law
  • Supreme Court closes Vantara zoo case in Jamnagar after the SIT clears the body tasked with maintaining it. Says it will entertain no further complaints in the matter
  • Supreme Court says bringing political parties under POSH Act will liekly become a tool for blackmail
Sebi dismisses Hindenberg's claim against Adani group companies ////// Neeraj Chopra finishes 8th at World Athletics
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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declared the electoral bond scheme 'unconstitutional' as it ruled that the citizens' right to know was paramount and superseded donors' right to privacy.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.