Social Policy & Administration

Electoral Bonds: What The SC Judgment Means And How Political Funding Is Regulated In Western Democracies

Electoral Bonds: What The SC Judgment Means And How Political Funding Is Regulated In Western Democracies

The electoral bonds scheme in India granted complete anonymity for unlimited political donations before the Supreme Court stepped in with its judgment.

Authors

Abhinav Mehrotra, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.

Amit Upadhyay, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.

Summary

On February 15, 2024, the Supreme Court unanimously struck down the Central government’s 2018 Electoral Bonds Scheme. A five-judge Constitutional Bench headed by Chief Justice DY Chandrachud held that the scheme violated the voters’ right to information enshrined in Article 19(1)(a) of the Indian Constitution. The court further ordered that the sale of electoral bonds be stopped with immediate effect while directing the State Bank of India (SBI) to submit details of the electoral bonds purchased from April 12, 2019 to date to the Election Commission of India (ECI). The list has to include details of the purchaser as well as the political parties to which the bonds were given. Further, the court ordered the ECI to publish on its official website the information within one week of receiving it from the SBI.

After being pulled up by the apex court for initial delay and seeking extension of the time allotted, the SBI furnished the details on March 12, 2024, as directed. The ECI will now have to put up the electoral bond details on its website by Friday, March 15, 2024.

Published in: ABP Live

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