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

News Snippets

  • Supreme Court rules that functional disability should be the deciding factor in granting road accident damages and not any doctor-issued disability certificate
  • Supreme Court flagged the fact that nearly 56% of the vehicles plying in India were uninsured and asked the government to challan them
  • An Air India flight from Phuket to Delhi encountered severe turbulence and 17 passengers were admitted to hospital with injuries
  • Calcutta HC said that heavens won't fall if Vande Matram is made mandatory to sing in madrasas
  • Kolkata Municipal Corporation has sought government nod for increasing city's wards to 200+ to keep residents in each ward between 16000 to 18000
  • Government has said that partially filled online Census forms may be allowed
  • Government may allow fees on UPI payments above Rs 2000, except on transfer between two individuals
  • Brent crude falls below $80 per barrel
  • Government has increased the LIC offer for sale to Rs 31,400cr with an additional 4% on the block
  • Stock markets become nervous on Tuesday due to Gulf situation: Sensex slides 210 points and Nifty sheds 159 points ahead of RBI MPC meets today
  • Indian cricket team lands in Sri Lanka for a 2-Test series
  • A former French Navy pilot who had alleged that IAF had lost Rafales during Operation Sindoor has been held in France on spying charges
  • An ordinary zari worked living just 100km away from Kolkata was stunned to find Rs 100cr deposited in the bank account. The bank has frozen her account pending enquiry
  • Businessmen in Kolkata gets a Rs 5-crore extortion call, allegedly from the Lawrence Bishnoi gang
  • NTA floats tenders to secure offices and exam materials round-the-clock
Tarun Tejpal, former editor of Tehelka, was sentenced to 10 years in jail by Bombay HC for raping a colleague. This judgment overturns the acquittal by a Goa sessions court
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declared the electoral bond scheme 'unconstitutional' as it ruled that the citizens' right to know was paramount and superseded donors' right to privacy.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.