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NEW DELHI: In a unanimous verdict, Supreme Court on Thursday struck down the electoral bonds scheme, saying that anonymous corporate contributions to political parties through it are “violative of right to information under Article 19(1)(a)”.
In its judgement, a five-judge Constitution bench headed by Chief Justice D Y Chandrachud struck down amendments to the IT Act and Representation of the People Act, which were enacted to provide contribution through electoral bonds, terming it “unconstitutional”.
The bench ruled that the information about corporate contributors through electoral bonds must be disclosed as the donations made by companies are purely for quid pro quo purposes.
“Allowing corporates to make unlimited contributions to political parties violated a level playing field in polls,” the apex court said.
The court said that financial support to political parties can lead to “quid pro quo arrangement”.
It added that infringement to the right to information is not justified by the purpose of curbing black money.
The bench said the fundamental right to privacy also includes citizens’ right to political privacy and affiliation.
The top court asked banks to forthwith stop issuing electoral bons and asked SBI to provide all details of contributions made till date through the scheme to the Election Commission by March 6.
It also directed the poll panel to share the information on its website by March 13.
It was hearing a batch of petitions challenging the validity of the electoral bonds scheme introduced by the government on in January 2018.
On November 2 last year, the apex court had reserved its verdict in the matter.
The scheme, which was notified by the government on January 2, 2018, was pitched as an alternative to cash donations made to political parties as part of efforts to bring in transparency in political funding.
According to the provisions of the scheme, electoral bonds may be purchased by any citizen of India or entity incorporated or established in the country. An individual can buy electoral bonds, either singly or jointly with other individuals.
Only the political parties registered under Section 29A of the Representation of the People Act, 1951 and which secured not less than 1 per cent of the votes polled in the last elections to the Lok Sabha or a state legislative assembly are eligible to receive electoral bonds.
According to the notification, electoral bonds shall be encashed by an eligible political party only through an account with an authorised bank.
In April 2019, the apex court had declined to stay the electoral bonds scheme and made it clear that it would accord an in-depth hearing on the pleas as the Centre and the Election Commission had raised “weighty issues” that had “tremendous bearing on the sanctity of the electoral process in the country”.
The Constitution bench, also comprising Justices Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra, had on October 31 last year commenced hearing arguments on the four petitions, including those filed by Congress leader Jaya Thakur, the Communist Party of India (Marxist) and NGO Association for Democratic Reforms (ADR).
During the hearing in the matter, the apex court had highlighted the need for reducing the cash component in the electoral process.
(With inputs from agencies)
In its judgement, a five-judge Constitution bench headed by Chief Justice D Y Chandrachud struck down amendments to the IT Act and Representation of the People Act, which were enacted to provide contribution through electoral bonds, terming it “unconstitutional”.
The bench ruled that the information about corporate contributors through electoral bonds must be disclosed as the donations made by companies are purely for quid pro quo purposes.
“Allowing corporates to make unlimited contributions to political parties violated a level playing field in polls,” the apex court said.
The court said that financial support to political parties can lead to “quid pro quo arrangement”.
It added that infringement to the right to information is not justified by the purpose of curbing black money.
The bench said the fundamental right to privacy also includes citizens’ right to political privacy and affiliation.
The top court asked banks to forthwith stop issuing electoral bons and asked SBI to provide all details of contributions made till date through the scheme to the Election Commission by March 6.
It also directed the poll panel to share the information on its website by March 13.
It was hearing a batch of petitions challenging the validity of the electoral bonds scheme introduced by the government on in January 2018.
On November 2 last year, the apex court had reserved its verdict in the matter.
The scheme, which was notified by the government on January 2, 2018, was pitched as an alternative to cash donations made to political parties as part of efforts to bring in transparency in political funding.
According to the provisions of the scheme, electoral bonds may be purchased by any citizen of India or entity incorporated or established in the country. An individual can buy electoral bonds, either singly or jointly with other individuals.
Only the political parties registered under Section 29A of the Representation of the People Act, 1951 and which secured not less than 1 per cent of the votes polled in the last elections to the Lok Sabha or a state legislative assembly are eligible to receive electoral bonds.
According to the notification, electoral bonds shall be encashed by an eligible political party only through an account with an authorised bank.
In April 2019, the apex court had declined to stay the electoral bonds scheme and made it clear that it would accord an in-depth hearing on the pleas as the Centre and the Election Commission had raised “weighty issues” that had “tremendous bearing on the sanctity of the electoral process in the country”.
The Constitution bench, also comprising Justices Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra, had on October 31 last year commenced hearing arguments on the four petitions, including those filed by Congress leader Jaya Thakur, the Communist Party of India (Marxist) and NGO Association for Democratic Reforms (ADR).
During the hearing in the matter, the apex court had highlighted the need for reducing the cash component in the electoral process.
(With inputs from agencies)
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