SC Invalidates Electoral Bonds Scheme for Breaching Right to Information and Article 19(1)(a)

SC Invalidates Electoral Bonds Scheme for Breaching Right to Information and Article 19(1)(a)

Asif Iqbal | February 15, 2024 | 12:55 PM IST | Courts & Law | Follow on Google News

SC Invalidates Electoral Bonds Scheme for Breaching Right to Information and Article 19(1)(a)

SC Invalidates Electoral Bonds Scheme for Breaching Right to Information and Article 19(1)(a)

A five-judge bench, led by Chief Justice DY Chandrachud, along with Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra, delivered a landmark unanimous verdict on Thursday, declaring the controversial Electoral Bonds scheme unconstitutional. The ruling came after a series of pleas challenging the legal validity of the Central government’s Electoral Bonds Scheme, which allowed for anonymous funding to political parties.

Unveiling Two Opinions: CJI and Justice Khanna Align on Verdict

At the outset of the judgment, Chief Justice Chandrachud highlighted two distinct opinions, one presented by himself and the other by Justice Sanjiv Khanna. Despite the differing routes taken, both opinions converged on the unanimous conclusion that the Electoral Bonds scheme violated the constitution.

Petitions Raise Fundamental Issues: Right to Information and Corporate Funding

The bench underscored two primary issues raised by the petitions. First, whether amendments to the scheme violated the right to information under Article 19(1) (a), and second, whether unlimited corporate funding compromised the principles of free and fair elections. Chief Justice Chandrachud, in his judgment, emphasized that anonymous electoral bonds infringed upon the right to information and Article 19(1)(a).

Corporate Contributions Must be Disclosed: Amendments Struck Down as Unconstitutional

The Supreme Court, in its verdict, mandated the disclosure of information regarding corporate contributors through Electoral Bonds, asserting that such donations were primarily for quid pro quo purposes. The court deemed the amendments in the Companies Act, allowing unlimited political contributions by companies, arbitrary and unconstitutional.

The Apex Court further declared that the curbing of black money does not justify an infringement on the Right to Information. Consequently, a ban on the issuance of Electoral Bonds was ordered, and the State Bank of India (SBI) was directed to provide details of Electoral Bonds encashed by political parties. The Election Commission of India (ECI) was tasked with publishing these details on its website.

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Asif Iqbal

Asif Iqbal is a seasoned news writer with a passion for delivering the latest updates to the public. Currently serving as the senior writer at VoM News, a prominent news outlet known for its comprehensive coverage of diverse topics, Asif has established himself as a reliable source of information. With a keen eye for detail and a knack for storytelling, he consistently provides readers with well-crafted articles that cover a wide range of news categories. His dedication to journalistic integrity and his commitment to staying ahead of the news curve make him an invaluable asset to Vom News, ensuring that readers are always well-informed on the issues that matter most. You can find his work and stay updated on current events by visiting vomnews.in.