
Supreme Court to Hear Pleas Challenging Electoral Bonds Scheme for Political Funding
Supreme Court to Hear Pleas Challenging Electoral Bonds Scheme for Political Funding
A five-judge Constitution bench of the Supreme Court is set to commence a crucial hearing on a batch of pleas challenging the validity of the electoral bonds scheme for funding political parties. This scheme, introduced in 2018, aimed to replace cash donations to political parties with a more transparent alternative. It allows citizens or entities incorporated in India to purchase electoral bonds individually or jointly with others.
Challenging the Electoral Bonds Scheme
The Constitution bench, consisting of Chief Justice DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra, will hear four pleas, including those filed by Congress leader Jaya Thakur and the Communist Party of India (Marxist). These pleas challenge the scheme’s validity.
Attorney General’s Defense of the Scheme
The Attorney General (AG), R Venkataramani, has defended the electoral bonds scheme in a statement filed before the court. He argued that citizens do not have the right to information under Article 19(1)(a) of the Constitution regarding the source of funds. The AG emphasized that the scheme promotes clean money, abides by tax obligations, and extends confidentiality to contributors. He contends that there is no general right to know “anything and everything” without reasonable restrictions.
Political Parties’ Discord
The upcoming hearing has drawn attention to the ongoing discord between political parties, particularly the ruling Bharatiya Janata Party (BJP) and the Congress. Former Union Minister P Chidambaram alleged that the BJP intends to raise funds from big corporates in an “opaque, secretive, and conspiratorial manner.” In response, the BJP’s IT department head, Amit Malviya, defended the electoral bonds, advocating for transparency and democratic political funding.
Complexities Surrounding Electoral Bonds
The electoral bonds scheme has been contentious since its introduction. Critics argue that it lacks transparency, and some have claimed that a significant amount of funds has gone to one major political party. The Supreme Court had previously declined to stay the scheme, citing “weighty issues” related to the sanctity of the electoral process.
This hearing holds significant implications for political funding and transparency in India, and it will be closely watched by various stakeholders.
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