Quite disappointing
‘Anonymity promotes corruption’: Petitioners in electoral bonds scheme case to Supreme Court
Petitioners who challenged the 2018 electoral bonds scheme told the Supreme Court on Tuesday that the scheme defeats the people’s right to know about the funding of political parties and promotes corruption.
“It defeats the people’s right to be informed about the source of funding of political parties…which is a fundamental, right under article 19(1)(a)…”, Advocate Prashant Bhushan appearing for NGO Association for Democratic Reforms (ADR) told a five-judge Constitution bench presided by Chief Justice of India D Y Chandrachud.
Bhushan told the bench, also comprising Justices Sanjeev Khanna, B R Gavai, J B Pardiwala, and Manoj Misra, that “anonymity promotes corruption” and there are grounds to believe that money is being given through bonds as kickbacks. He added that whether at the Centre or in states, it is the ruling parties that receive the lion’s share of the funds.
Bhushan said it “disturbs and destroys democracy” in the country as it does not allow a level playing field for political parties.
The counsel also referred to the justifications offered by the government to introduce the scheme and the objections raised by the Election Commission of India (ECI) and Reserve Bank of India (RBI) to it.
He said that in the last 5 years since the electoral bonds were introduced, the contribution to political parties by way of electoral bonds has far exceeded any other method. The amounts are so large, he said adding the ruling party at the Centre received more than Rs 5,000 crore by way of electoral bonds in less than five years.
“By making it non-transparent, you are defeating a very important right of the citizen to know what is the source of this money, whether it is tainted etc and clearly defeat Article 19(1)(a) rights,” he said.
The scheme, which was notified on January 2, 2018, introduced instruments through which anyone in the country could donate money to political parties anonymously. It was pitched as an alternative to cash donations made to political parties as part of efforts to bring in transparency in political funding.
Under the scheme, any Indian citizen or entity established in India can purchase electoral bonds, either singly or jointly with other individuals.
The hearing on four petitions, submitted by Congress leader Jaya Thakur, the Communist Party of India (Marxist) and NGO Association for Democratic Reforms (ADR), commenced before a five-judge constitution bench headed by Chief Justice D Y Chandrachud.
What has the court previously ruled on the matter?
On April 12, 2019, a three-judge SC bench, in an interim order, directed political parties receiving donations through electoral bonds to submit the details of the bonds to the ECI.
Subsequently, while dismissing a prayer to stay the sale of fresh bonds in March 2021, a three-judge SC Bench headed by then CJI SA Bobde disputed the petitioner’s contention regarding the “complete anonymity” of bond purchasers. “It is not as though the operations under the scheme are behind iron curtains incapable of being pierced”, the court said, dismissing petitions seeking to stay the sale of fresh electoral bonds ahead of Assembly elections in West Bengal, Tamil Nadu, Kerala, Assam, and Puducherry.
Then in April 2022, then CJI NV Ramana assured the petitioners that the SC would take up the matter for hearing when advocate Prashant Bhushan mentioned the matter while seeking an urgent hearing, contending that a Kolkata-based news company paid Rs 40 crore to avoid a raid. “It’s distorting democracy,” Bhushan had contended.
Express News Service – 2023-10-31 12:52