The Aryavarth Express
Agency(New Delhi): The Supreme Court of India, in a historic verdict delivered on February 15, declared the anonymous Electoral Bonds Scheme unconstitutional, thus upholding the voters’ Right to Information regarding political party funding. This ruling, stemming from a Constitution Bench comprising Chief Justice DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra, resolves a contentious debate on the scheme’s transparency and impact on the democratic process.
The Court’s decision focused on the essentiality of information about political funding for a voter to effectively exercise their voting rights. This stance directly countered the Union Government’s argument, which suggested that citizens do not possess a general right to know about the funding of political parties under Article 19(1)(a) of the Constitution. The Union had argued that this right to information did not extend to the knowledge of political party funding.
However, the Supreme Court rejected this view, citing landmark precedents that emphasize the importance of voters’ right to information as crucial for exercising their freedom to vote. The Court also highlighted the intricate relationship between money and politics, expressing concern over the electoral bonds’ potential to facilitate quid pro quo arrangements, including policy changes.
In its judgment, the Court stated, “The money that is contributed could not only influence electoral outcomes but also policies particularly because contributions are not merely limited to the campaign or pre-campaign period…Information about political funding would enable a voter to assess if there is a correlation between policy making and financial contributions.”
Furthermore, the Supreme Court ruled that the electoral bonds scheme did not satisfy the restrictive means test of the doctrine of proportionality and failed to justify the infringement of the right to information. The Court also noted that the scheme provided selective anonymity, favoring the political party over public knowledge, thus violating the balance between the right to information and informational privacy.
As a result of this judgment, the State Bank of India (SBI) has been instructed to halt the issuance of electoral bonds and to submit detailed information on bonds purchased since April 12, 2019, to the Election Commission of India (ECI). The ECI is then required to publish this information on its website by March 13, 2024.
The challenge to the electoral bonds scheme was brought forward by the Association for Democratic Reforms (ADR), the Communist Party of India (Marxist), Congress leader Jaya Thakur, and others. They contended that the scheme’s anonymity undermined transparency in political funding and infringed upon the voters’ right to information, arguing that it enabled contributions through shell companies and raised concerns about the integrity of electoral finance.
