The recent discussions in the Supreme Court surrounding the electoral bonds scheme highlight the ongoing tension between the Right to Know and the Right to Privacy in India. This article delves into the key aspects of this significant legal discourse.
The Right to Know is enshrined in Article 19(1)(a) of the Indian Constitution, while the Right to Privacy is protected under Article 21. Both rights are fundamental, yet neither is absolute and can be limited under specific circumstances. This creates a complex legal landscape.
The landmark K.S. Puttaswamy judgment has established the Right to Privacy as a fundamental right, encompassing the concept of informational privacy. This ruling has intensified discussions about how this right interacts with the Right to Know, particularly concerning transparency in political funding.
Recently introduced, the Digital Personal Data Protection Bill, 2023 seeks to enhance privacy protections. However, it faces criticism for potentially undermining the Right to Information (RTI) Act, which empowers citizens to seek information from public authorities.
The electoral bonds scheme was designed to promote clean political funding by allowing individuals and corporations to donate anonymously. However, this anonymity raises critical questions about the balance between maintaining donor privacy and ensuring transparency in political donations.
The Supreme Court's reserved judgment on the electoral bonds case is highly anticipated. The decision will have far-reaching implications for the balance and limitations of these competing fundamental rights in India, specifically how they impact political funding and transparency.
Q1. What are electoral bonds in India?
Answer: Electoral bonds are financial instruments used for political funding in India, allowing donors to remain anonymous while contributing to political parties.
Q2. How does the K.S. Puttaswamy judgment affect privacy rights?
Answer: The K.S. Puttaswamy judgment affirmed the Right to Privacy as a fundamental right, emphasizing the importance of protecting individuals' personal information.
Q3. What is the Digital Personal Data Protection Bill, 2023?
Answer: This bill aims to safeguard personal data of individuals while regulating how organizations handle such data, impacting privacy rights in India.
Q4. Can the Right to Know be restricted?
Answer: Yes, the Right to Know can be limited under specific conditions as outlined in the Constitution, particularly when it conflicts with privacy rights.
Q5. Why is donor anonymity controversial in political funding?
Answer: Donor anonymity raises concerns about transparency and accountability, making it difficult to track the influence of money in politics.
Question 1: What is the primary purpose of electoral bonds in India?
A) To enhance transparency in political donations
B) To provide anonymous political funding
C) To regulate political parties
D) To limit campaign expenditure
Correct Answer: B
Question 2: Which article of the Indian Constitution guarantees the Right to Privacy?
A) Article 19
B) Article 21
C) Article 14
D) Article 32
Correct Answer: B
Question 3: The Digital Personal Data Protection Bill aims to protect which aspect of individuals?
A) Financial information
B) Personal data
C) Employment details
D) Political affiliations
Correct Answer: B
Question 4: What was the significance of the K.S. Puttaswamy judgment?
A) It established the Right to Information
B) It recognized the Right to Privacy as fundamental
C) It limited freedom of speech
D) It abolished electoral bonds
Correct Answer: B
Question 5: How can the Right to Know be restricted according to the Constitution?
A) It cannot be restricted
B) Under necessary and reasonable conditions
C) Only by a constitutional amendment
D) By public opinion
Correct Answer: B
Question 6: What is one potential drawback of the electoral bonds scheme?
A) Increased political transparency
B) Anonymity of donors
C) Reduced campaign costs
D) Better voter education
Correct Answer: B
Question 7: Which act may be undermined by the Digital Personal Data Protection Bill?
A) The Companies Act
B) The Income Tax Act
C) The Right to Information Act
D) The Representation of the People Act
Correct Answer: C
Kutos : AI Assistant!
