oppn parties Electoral Bonds: It Was Never A 'Reform'

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
Electoral Bonds: It Was Never A 'Reform'

By Sunil Garodia
First publised on 2024-02-15 13:27:04

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

When the electoral bonds scheme was introduced in 2018, it was clear to all but the government that it was an opaque method of contribution to political parties which in no way improved the then existing system of funding. It was also clear that it would lead to quid pro quo. The Supreme Court has, in a historic judgment, declared electoral bonds unconstitutional in a unanimous decision although there were two separate judgments with different reasoning but same conclusion. A five-judge bench of CJI D Y Chandrachud and Justices Sanjiv Khanna, B R Gavai, J B Pardiwala, and Manoj Misra also said that amendments to the Companies Act, the Income Tax Act and the Representation of Peoples Act to facilitate the operation of the electoral bond scheme did not pass the Constitution test and struck them down. It also categorically said that electoral bonds were not the only way to curb black money in political funding.

The government had argued at the time of introducing the bonds that cash funding through 'black' money would stop since the bonds were to be purchased through banking channels. It has also amended the Income Tax Act and Companies Act to enable loss making companies (earlier, only companies that were profitable for three years were allowed to contribute to political parties). But the names of the donors were not to be disclosed by the recipients. Only SBI, the sole issuer of the bonds, was privy to the name of the buyer/donor.

The Supreme Court ruled that the scheme was unconstitutional as it violated the right to information of the public under Article 19(1)(a). It held that for making the right political choices, the public should have the information on funding of political parties. It also held that curbing black money could not be a valid reason under Article 19(2) to deny right of information and the scheme does not pass the proportionality test as laid down in KS Puttasway case.

The court also ruled that since companies can influence policy and seek quid pro quo, it was wrong to remove the cap (7.5% of average profit of last three years) in donations and also allow loss-making companies to donate as they would be more prone to seek favours for funding. It said the amendments to Section 182 were arbitrary for not making a distinction between profitable and loss-making companies. The court also said that Section 182(3) mandated disclosure by companies of how much and to which party they had donated for reasons of transparency and public information and removing it also violated right to information. Hence, it said that amendments to this effect in the Companies Act & Income Tax Act stood quashed.

The Supreme Court directed the government and the SBI to stop the sale of electoral bonds immediately. It directed the SBI to provide Election Commission of India (EC) with details of all such bonds purchased since April 2019 by March 6. It asked the political parties to return the bonds (if they are within the validity period of 15 days) that they have not cashed to the donors who will then return them to SBI. The SBI has been directed to refund the amount to such purchasers. The Election Commission has been directed to make publish all information it receives from the SBI on its website for public information by March 13.

With this, a black chapter in political funding comes to an end. In the name of reform on the (intentionally?) misguided plea of eradicating 'black' money from political funding, an avenue was opened for political parties (and the scheme was so designed that it would always favour the ruling dispensation) to amass funds from companies they could either arm-twist or lure with providing goodies in return and for companies to get into the good books of political parties by making unlimited donations whether they were profitable or not (and to hell with the shareholders and other stakeholders) without the need to disclose the name of the political party. Funding of political parties is a vexed issue that needs reform. But electoral bonds were not even near the best way to go about it. The Supreme Court has done well to do away with them.