Supreme Court to Hear Challenges to Electoral Bonds Scheme
A constitution bench of the Supreme Court is set to hear a series of petitions challenging the validity of the electoral bonds scheme on October 31. This scheme, introduced in January 2018, has come under scrutiny as a source of political funding. The Supreme Court had previously announced that it would refer the challenge to at least a five-judge bench.
The disputes surrounding the electoral bonds scheme revolve around the right to know the details of political party funding. The petitioners argue that citizens have a right to know as an aspect of freedom of expression, and therefore, they should have access to the information about contributions to political parties. However, the Attorney General has countered these claims by stating that there is no general right to know everything without reasonable restrictions. He further emphasized that the scheme does not infringe upon any existing rights and should not be deemed illegal.
The Attorney General also highlighted that the electoral bonds scheme promotes clean money and ensures that contributors comply with tax obligations. The confidentiality provided by the scheme to the contributors is seen as a beneficial feature. The right to know the criminal background of candidates, on the other hand, is considered distinct from the case at hand. It is argued that there cannot be a general right to know everything without specific ends or purposes.
The Supreme Court, led by Chief Justice of India D Y Chandrachud, along with four other judges, will carefully consider the validity of the electoral bonds scheme. Various parties, including the Association for Democratic Reforms, the Communist Party of India (Marxist), and individual politicians, have filed petitions against this scheme.
As the court begins hearing the arguments, it is expected to carefully balance the right to know and the protection of political party funding. The decision will have significant implications for transparency in electoral processes and the sources of political funding in India.
In conclusion, the Supreme Court’s upcoming hearings on the challenges to the electoral bonds scheme will play a pivotal role in determining the extent to which citizens have the right to know and access information about political party funding. As the discussions unfold, the court will have to delicately navigate the balance between transparency and the protection of contributors’ confidentiality. Ultimately, the outcome of these hearings will shape the future of political financing in India.
