Electoral Bond Scheme - A Questionnaire
- In the Constitution Bench Judgment by which the Electoral Bond Scheme was declared unconstitutional, many question remained hush
- i.e. whether the scheme was Electoral Bond - is what is meant for or is another word jugglery? Let's dissect
- The provisions of REPRESENTATION OF THE PEOPLE ACT, 1951 [RPA] has several provisions as to election, elector, political party, the Commission - ECI.
- Thus there are ONLY these parties in the Matrix [a] ECI - the Regulator of the Election, [b] the Candidate/Party seeking to be elected, and [c] the Elector / Voters who will elect the several of the candidate/party.
- Thus the entire course of ELECTION in within these 3 parties in the Set.
- IF any anything is Electoral, it has to be [a] within the 3 parties above, and [b] purposively only for Election and nothing else.
- The then Union Govt has issued Electoral Bond Scheme 2018 vide Gazette Notification No. 20 dated 2nd January 2018 (as amended vide Gazette Notification dated 7th November, 2022) - EBS
- Questions:
- Can a Company/Corporate/Entity which is not a component or ECI - Elector - Electee take part in the Election or Electoral process through EBS???
- shouldn't the donations if any be given only by the Electors - Voters alone, for the purpose of integrity of the Election process???
- Can the Union or Parliament, whether or not through Finance Act, ADD, 1 more party in the Election game, directly or indirectly, in RPA, or allow indulgence of such NON-COMPONENT Company/Corporate/Entity in Election or Electoral Process through EBS???
- Can the Union or Parliament whether or not through Finance Act affect the core purpose and Spirit of RPA of Fair and Free Election unaffected by NON-PLAYERS ???
- Given the Constitutional Foundation - [not pillars] - i.e. Democratically ELECTED Government; - Can the Union or Parliament make legislation or Finance Act, that affects any Component of ELECTED or in RPA ???
- Was the EBS jugglery of words??????
- Wasn't the EBS outright offence under Part7 of PRA????
- Lastly - If everything was Electoral:
- why was is open for 4 months per year???
- why was it open at the instance of Union and not ECI?????
- was the ECI replaced by the Union???
For Pondering by Esteemed Citizens
Award Winning Article Is Written By: Mr.Sandeep Namdev Kapatkar, Pune
Authentication No: FB405296412942-21-0224
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