Electoral bond scheme canceled – uttamhindu.com


The five-member Constitution Bench of the Supreme Court of the country has declared the politically funded electoral bond scheme launched by the Central Government in 2018 as illegal and has ordered its immediate ban. A five-member Constitution bench led by Chief Justice DY Chandrachud asked State Bank of India (SBI) to provide details of bonds purchased under the scheme from April 12, 2019 till now, names of buyers, amount encashed by political parties and date of payment. Asked to share the details with the Election Commission by March 6. The bench directed the Commission to upload all the information received from SBI on its website by March 13. The bench also directed that the bonds which have not been encashed should be returned to the bank. The bank will return the bond amount to the donor. The Constitution Bench gave two separate unanimous decisions.

In this, the CJI wrote a 152-page decision of himself, Justice BR Gavai, Justice JB Pardiwala and Justice Manoj Mishra. According to this, the Electoral Bond Scheme is a violation of Section 29C (1) of the Representation of the People Act, 1951, Section 182 (3) and Section 13A (B) of the Company Act and Article 19 (1) (A) of the Constitution, hence unconstitutional. Is. In his 74-page order, Justice Sanjiv Khanna, while matching the CJI’s order, explained something different about the decision. The bench also canceled the electoral bonds along with the amendments related to it in the Income Tax Act and the Representation of the People Act. It was through them that the donations were kept secret. The bench said, the fundamental right to privacy also includes the citizens’ right to political privacy and affiliation. The decision said, taking unlimited corporate donations from political parties under the scheme by bypassing the provisions of the Company Act is arbitrary and a violation of the right to equality (Article 14 of the Constitution). The Central Government failed to explain the purpose behind confidentiality under section 7(4) of the Scheme. The bench said, the contribution of a company has a more serious impact on the political process than that of an individual. The companies’ contributions are purely business transactions. The CJI said that privacy was given priority over the right to information in the scheme. The provision of keeping the name of the donor secret is a violation of Article 19 (1) (a) of the Constitution related to the voter’s right to information, right to freedom of expression.

The above decision of the Supreme Court will further increase the participation of common people in democracy. Secondly, the Electoral Bond Scheme, which was introduced to stop black money being used in elections, not only failed to achieve its objective but the use of bonds had also started in a wrong way. Opposition parties including the Election Commission were making this allegation that only those in power were benefiting from this scheme.

In a democracy, the role of politicians, bureaucrats and capitalists is very important and it is the public’s right to know what is going on between these three. Giving priority to this right, the Supreme Court declared electoral bonds illegal. Secrecy and corruption are like two sides of the same coin. Corruption thrives in secrecy and where there is transparency, corruption does not find ground. The decision of the Supreme Court is a historic decision to increase public participation in corruption-free politics and democracy, this decision is in the interest of the country and the people.

-Irwin Khanna, Editor-in-Chief, Dainik Uttam Hindu.

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