Desk Report, February 15, 2024: The Supreme Court of India, in a landmark unanimous decision on February 15, ruled on a series of petitions challenging the legality of the Central government’s Electoral Bond scheme, which permits anonymous funding to political parties. Chief Justice of India DY Chandrachud, along with Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra, comprising a five-judge bench, delivered the verdict after months of deliberation.
During the proceedings, CJI DY Chandrachud announced that the Electoral Bond scheme was deemed unconstitutional by the court. Notably, the bench presented two separate judgments, authored by CJI Chandrachud and Justice Sanjiv Khanna, respectively, both of which reached unanimous conclusions.
The court emphasized the pivotal role of political parties in the electoral process, asserting that transparency regarding party funding is indispensable for informed electoral choices. Furthermore, the apex court underscored that the right to information should not be compromised in efforts to combat black money. It mandated the disclosure of information regarding corporate contributions through Electoral Bonds, citing concerns over potential quid pro quo arrangements.
During the hearings, the bench raised significant queries to the Central Government regarding the Electoral Bond scheme’s mechanisms, particularly its provision for ‘selective anonymity’ and the possibility of enabling kickbacks to political parties. Of note was the bench’s observation that the ruling party may possess knowledge of donors’ identities, a privilege not afforded to opposition parties.
The removal of a condition limiting corporate donations to political parties to 7.5% of net profits also came under scrutiny, with the bench expressing reservations about its implications. As the proceedings concluded, the bench directed the Election Commission of India to furnish details of political party contributions received through Electoral Bonds until September 30 in a sealed envelope to the Court, highlighting the importance of transparency and accountability in the electoral process.
Also read: Supreme Court Set to Rule on Electoral Bonds Scheme’s Legality on February 15
