The Supreme Court of India is set to hear petitions challenging the electoral bonds scheme on October 31, 2023. This scheme allows for anonymous donations to political parties, raising significant questions about transparency in political funding.
The case will be presided over by Chief Justice D.Y. Chandrachud. Advocate Prashant Bhushan represents the petitioner, the NGO Association for Democratic Reforms, which aims to promote transparency and accountability in political funding.
The court will focus on two primary issues:
The challenges are rooted in the belief that the scheme violates Articles 19, 14, and 21 of the Indian Constitution, which pertain to freedom of speech, equality before the law, and the right to life and personal liberty, respectively.
The urgency of the case is highlighted by the petitioner's request for a decision before the upcoming 2024 Lok Sabha elections, emphasizing the need for clarity on the legality of the scheme.
The electoral bonds scheme was enacted as a Money Bill, which implies it did not require the approval of the Rajya Sabha (Upper House). However, there are ongoing legal discussions regarding the criteria for a Bill's designation as a Money Bill, although this case will proceed independently of those discussions.
The scheme's allowance for donor anonymity means the public lacks information about which individuals or entities are funding specific political parties. This lack of transparency raises concerns about accountability in political financing.
Another critical question posed by the court is whether donors are eligible for tax deductions when purchasing electoral bonds. The outcome of this inquiry could influence the categorization of the scheme as a Money Bill.
According to a Right to Information (RTI) response, electoral bonds valued at Rs. 11,699.84 crore were sold between March 2018 and December 2022. The scheme has also incurred costs for taxpayers amounting to Rs. 10.23 crore, which includes bank commissions and printing expenses.
The Supreme Court's upcoming hearing on the electoral bonds scheme is poised to address vital concerns regarding its legality and the implications for citizens' right to information. The outcome of this case could significantly impact the landscape of political funding in India.
Q1. What is the electoral bonds scheme?
Answer: The electoral bonds scheme allows individuals and corporations to make anonymous donations to political parties in India, raising transparency concerns about political funding.
Q2. Who is challenging the electoral bonds scheme in court?
Answer: The NGO Association for Democratic Reforms, represented by Advocate Prashant Bhushan, is challenging the legality of the electoral bonds scheme in the Supreme Court.
Q3. Why are the constitutional articles significant in this case?
Answer: Articles 19, 14, and 21 of the Indian Constitution are significant as they relate to freedom of speech, equality before the law, and personal liberty, which may be violated by the scheme.
Q4. What is the relevance of the timing of the hearing?
Answer: The timing is crucial as the petitioner seeks a ruling before the 2024 Lok Sabha elections to ensure transparency in political funding during the electoral process.
Q5. How much have electoral bonds generated in India?
Answer: From March 2018 to December 2022, electoral bonds worth Rs. 11,699.84 crore were sold, indicating significant financial activity within this scheme.
Question 1: What is the primary concern regarding the electoral bonds scheme?
A) Transparency in political funding
B) Voter registration processes
C) Election date announcements
D) Candidate eligibility criteria
Correct Answer: A
Question 2: Who represents the petitioner in the Supreme Court regarding electoral bonds?
A) D.Y. Chandrachud
B) Prashant Bhushan
C) Association for Democratic Reforms
D) Narendra Modi
Correct Answer: B
Question 3: Which articles of the Indian Constitution are cited in the challenge against the electoral bonds scheme?
A) Articles 12, 13, 14
B) Articles 19, 14, 21
C) Articles 25, 26, 27
D) Articles 32, 33, 34
Correct Answer: B
Question 4: What type of bill was the electoral bonds scheme passed as?
A) Regular Bill
B) Money Bill
C) Finance Bill
D) Constitutional Amendment Bill
Correct Answer: B
Question 5: How much revenue has the electoral bonds scheme generated from 2018 to 2022?
A) Rs. 5,000 crore
B) Rs. 11,699.84 crore
C) Rs. 15,000 crore
D) Rs. 20,000 crore
Correct Answer: B
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