The government machinery from the top to bottom labours with great attention to detail, in fact too much of it, on how to prevent the citizens from getting any donation from sources not known to it. Even those raising small donations from honest sources for genuine works for the true progress of the society and country are forced to follow their regimen. But the same government allowed the political parties to accept donations without revealing their sources and the anonymous donors were also given 100% tax exemption for their donations. These things were allowed by amending the Representation of the People Act, Companies Act and Income Tax Act. People and companies making money through unethical means would thus be able to donate a part of their profit to the parties in power and expect non-action against their illegalities.
Apparently, the government practised double standards on donations: citizens must reveal all their donation sources but political parties need not, by accepting it through so-called ‘Electoral Bonds’. The Indian bureaucracy by formulating and implementing this scheme has excelled in regularising dishonesty.
Thanks to an NGO the 'Association for Democratic Reforms', which filed a Public Interest Litigation in 2017, a five Judge Supreme Court Bench headed by the Chief Justice of India Shri D.Y. Chandrachud unanimously struck down the Electoral Bond Scheme today, on the following grounds:
- It violates the right to information and freedom of speech and expression in the Constitution of India
- The amendments to the Representation of the People Act, Companies Act and Income Tax Act are unconstitutional
- The State Bank of India, the sole Electoral Bond issuing bank, is banned from issuing the bonds and to handover details of donations and the parties that received the bonds to the Election Commission
- The Election Commission shall publish the details on its website by 13th March 2024.
Jai Hind!
JC 15.2.2024
