New Delhi: The Supreme Court on Thursday struck down the electoral bonds scheme that allows anonymous donations to political parties by purchasing electoral bonds from the State Bank of India (SBI), saying anonymous electoral bonds violated citizens’ right to information.
Speaking about the scheme that allows anonymous donations to political parties by purchasing electoral bonds from the State Bank of India (SBI), Chief Justice DY Chandrachud said, “The right to information of the voter isn’t justified to curb black money.”
He explained, “Fundamental right to privacy includes citizen’s right to political privacy. Information about a citizen’s political affiliation can lead to subjecting a citizen to curbs or subjecting them to trolls. It can be used to disenfranchise voters through voter surveillance.”
A five-judge Constitution bench headed by Chief Justice DY Chandrachud, had, on November 2 last year reserved its verdict in the matter.
The scheme, which was notified by the government on January 2, 2018, was pitched as an alternative to cash donations made to political parties as part of efforts to bring transparency in political funding.
According to the provisions of the scheme, electoral bonds may be purchased by any citizen of India or entity incorporated or established in the country. An individual can buy electoral bonds, either singly or jointly with other individuals.
Only the political parties registered under Section 29A of the Representation of the People Act, 1951, and which secured not less than 1% of the votes polled in the last elections to the Lok Sabha or a state legislative assembly are eligible to receive electoral bonds. According to the notification, electoral bonds shall be encashed by an eligible political party only through an account with an authorised bank.
In April 2019, the apex court had declined to stay the electoral bonds scheme and made it clear that it would accord an in-depth hearing on the pleas as the Centre and the Election Commission had raised “weighty issues” that had “tremendous bearing on the sanctity of the electoral process in the country”.
The Constitution bench, also comprising Justices Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra, had on October 31 last year commenced hearing arguments on the four petitions, including those filed by Congress leader Jaya Thakur, the Communist Party of India (Marxist) and NGO Association for Democratic Reforms (ADR).
