On a number of petitions challenging the constitutionality of the electoral bonds, the Supreme Court will pronounce it verdict tomorrow, on Thursday. After hearing the case for three days, a Constitution Bench made up of Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra reserved a decision on November 2.
The petitioners, Dr. Jaya Thakur, the Communist Party of India (Marxist), and the Association for Democratic Reforms (ADR), are debating over the changes made by the Finance Act of 2017, which opened the door for the electoral bonds program. The petitioners claim that the electoral bonds’ anonymity violates voters’ right to information and compromises the transparency of political funding. Additionally, they argued that the program permitted donations to be made through shell companies.
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The Union Government justified the plan by saying it’s a way to make sure ‘white’ money funds politics via the right banking channels. The government further argued that in order to protect donors from political parties’ retaliation, donor identities must be kept secret.
The bench questioned the Central Government on the scheme during the hearing, highlighting its “selective anonymity” and inquiring as to whether it is legalizing party kickbacks. and the bench noted that while the opposition parties are unable to obtain such information, the ruling party is able to ascertain the donors’ identities. The bench also expressed concerns about the elimination of the restriction allowing businesses to give political parties no more than 7.5% of their net profits.
As the hearing came to an end, the bench also ordered the Election Commission of India to provide the Court with a sealed cover containing information on all political parties’ contributions made through electoral bonds up until September 30.
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