Breaking Bonds: Supreme Court Shakes Up Political Funding with Electoral Bond Ruling
In a ground-breaking decision that reverberates through the corridors of
political power, the Supreme Court has dealt a significant blow to the electoral
financing system in India by ruling electoral bonds unconstitutional. This
landmark verdict marks a pivotal moment in the ongoing debate surrounding
transparency and accountability in political funding.
Electoral bonds, introduced in 2018 ostensibly to bring transparency to
political donations, have been met with scepticism and criticism, with concerns
raised about their potential to facilitate anonymous, opaque funding channels.
Now, with the highest court's pronouncement, the landscape of political finance
undergoes a seismic shift, promising profound implications for the future of
democracy and governance in the country.
India is the largest democracy, elections are held every five years, to win
these elections political parties spends heavily for campaigning. These funds
are raised by donations. Other big countries have similar system but with more
transparency. These funds are donated by the citizens for their favourable
political party. This donation is later gets transferred into the party fund.
Often time this donated money was given in cash, which is a big loophole for
black money and money laundering.
To avoid this Electoral Bonds were introduced in 2018. State Bank of India is
the only institution that can generate electoral bond. A person can visit some
certain branches of the bank and can buy these electoral bonds. Later submit it
to the party's office and then the party can redeem it and withdraw the money.
These bonds are available for 15 days only. If the party doesn't redeem it in
time then the money gets transferred into the PM Care Fund. SBI has all the
details about the buying and cashing in of the electoral bonds. Also KYC is
mandatory for the purchase of the bond. The total bonds purchased and redeemed
from 2018-19 to 2021-22 is a whopping Rs 9,283 crore. In which Rs 5217 crore
went to BJP.
Association of Democratic Reforms (ADR) filed case in Supreme court against
this. Election commission also raised issues against this. Main arguments
against this was that in 2018 the conditions to donate not more than 7.5% of
profits and not more then 10% of the revenue, were waived off. Even loss making
companies can also donate any amount that they want. This was the biggest
concern of the supreme court also that how can a loss making company can donate.
This clearly opens a way for money laundering. Even shell companies can also
donate. There is no upper limit on the amount donated.
The bench, headed by chief justice of India DY Chandrachud, and comprising
Justices Sanjiv Khanna, B R Gavai, J B Pardiwala, and Manoj Misra, delivered two
separate and unanimous verdicts on the pleas challenging the scheme.
Supreme court also directed SBI to submit data of all electoral bonds from 2018
till now to ECI till 13 March 2024.
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