This term was not known to the world, especially India until the 2017 union
budget announced by the then union finance minister Mr. Arun Jaitley who
probably for the first time proposed it and today electoral bonds has been
popularized to a great extent.
Government of India through the (2017) Finance
bill brought this legislation alive on 29 January 2018 and announced the
Electoral Bond scheme to bring the so called –transparency in Indian Elections.
The basic aim and objective of this system was to reduce the rampant political
corruption during the elections, it was primarily for not only to stop political
funding through unauthentic sources, better known as illegal means but also for
bringing substantive and fundamental changes in the entire electoral funding
mechanism followed across India. But the reality seems to be something very
different from what was expected.
All About An Electoral Bond
An electoral bond is a non – redeemable debt instrument. Designed to be a bearer
financial instrument in the manner of a promissory note it is much more similar
to a bank note which is liquid able in nature, or generally which is payable to
the bearer on demand. This bond can be purchased by any citizen belonging to our
country or any corporation registered or established in India.
Electoral bond is an interest free banking instrument which means anybody can
buy these bonds and allocate them to any eligible political party of their
choice which is recognized under section 29A of peoples representation act 1951
and has garnered at least 1% of the total votes polled in the last elections-
can be either parliamentary or assembly these bonds can be brought through bank
draft (cheque) or by digital payment only, these are notified from the selected
branches of India’s largest public sector bank – the State bank of India and
none else, within a period of 10 days each in the first month of a financial
quarter ( January, April, July, October).
The electoral bonds can be purchased by the donor in specified denominations of
1000, 10000, 1lakh, 10lakh and up to 1 crore the political parties are allocated
these funds through a verified electoral accounts allotted by the Election
Commission and further all the electoral bonds transactions are done through
this account.
The most significant feature of this scheme is that bonds issued to the parties
are anonymous meaning that they don’t carry the donor’s name, although the donor
has to fulfill the mandatory KYC( Know your customer ) procedure at the bank and
the allocated bonds remain valid only for 15 days. Furthermore no document or
assessment report has to be submitted by the receiving parties nor is the donor
obliged to reveal the source of his /her donations.
What Was Imagined
The primary purpose of the Electoral bond was to act as a substitute to cash
donations and to ensure transparency in terms of sources of political funding.
As said by the government of the day, that this system was to infuse white money
into the political arrangements and to fight the menace of black money.
However
with provisions like anonymity of the donor and their source of donations, the
provision of removal of 7.5% limit for the corporate donations, allowing the
foreign companies to donate political parties and moreover the recent statics
reveled by various organizations show a totally different picture. It tells us
that this was just a scheme to legalize corruption in the guise of
illusion-ed transparency.
What Has Happened – the controversy regarding these bonds?
While this scheme would have acted as a check for political funding, but as
mentioned above some provisions have made this a highly controversial issue, the
government is at the center of a controversy over allegations that the ruling
party with the help of some other institutions was allowed to access the data of
the donor, dangling the norms of the act.
Actually, by the model itself these
bonds had provision of anonymity which led to opacity in the funding procedure
and the key highlight is that there is no need to disclose the source of income
by the donor, which simply gives ample space for dumping all the black money
stored in tax- havens and turn them
white through these bonds.
The most concerning element is the removal of 7.5% cap on corporate donations,
which provides for unaccounted and unlimited donations to these parties, raising
another doubt that this can be done for
something for something basis between
the companies and the political party ,who is going to known it....nobody,
except the ruling party itself. what made the matter more complex was the recent RTI report which stated that these concerns were raised by the country’s two
apex institutions that is the reserve bank of India and the election commission,
both expressed their shared concerns and serious reservations to the government
regarding these bonds that these could become tools for money laundering for
shell companies in the name of foreign funding and owing to their translucent
nature these could be potentially abused, the legislature did not pay any heed
to these arguments but methodically steamrolled them all. This states that they
blatantly moved on with this scheme undermining all the apex institutions
present.
Further more in an another RTI query by an NGO called Association for Democratic
Reforms (ADR) the information revealed that 94.5% of the total electoral bonds
were received by the ruling party itself, this data itself is sufficient enough
to give rise to a number of questions about the systematic dilution of the
safeguards provided by other acts and legislation.
Finally, based on the fact
that SBI which is a public sector bank will be the sole authority on donor’s
details, tells us that based on the proximity, the party in power will always
have an upper hand in it.
On these contentions a petition was filed by NGOs ADR and Common Cause in the
Supreme Court in January 2018 and the court had heard this in the month of April
2018 and directed certain changes in the time period of liquidation of bonds and
accounting, further a plea has been filed before the court seeking a stay on
this scheme.
Conclusion
The electoral bond scheme introduced by the government so far has not show any
results desired, on the other hand it has further obscured the process of
political funding and its source, which was the most fundamental piece of
information that voters need to know, affecting their free will and flaunting
the norms of a free and fair election.
Finally this scheme cannot be justified
until and unless there are some substantial reforms made, with the support of
both the executive and the associated organizations.
Please Drop Your Comments