BAN ON ELECTORAL BONDS
AUTHOR – S. KABILAN, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TAMILNADU DR. AMBEDKAR LAW UNIVERSITY
BEST CITATION – S. KABILAN, BAN ON ELECTORAL BONDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 121-126, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The introduction of electoral bonds in India aimed to overhaul the opaque system of political funding by providing a structured mechanism for donations while preserving donor anonymity. However, concerns quickly arose regarding the potential for abuse and lack of transparency inherent in the scheme. These concerns led to a landmark legal case challenging the constitutional validity of electoral bonds, with petitioners arguing that the scheme violated the right to information and undermined the principles of free and fair elections.Prior to the introduction of electoral bonds, political parties relied heavily on donations from undisclosed sources, leading to concerns about black money influencing the democratic process. While existing regulations mandated reporting of donations exceeding a certain threshold, loopholes allowed for substantial undisclosed contributions, raising questions about accountability and ethical governance.
The case, Association for Democratic Reforms & anr. Vs. Union of India[1] heard in the Supreme Court of India, attracted attention from various stakeholders, including non-governmental organizations and regulatory bodies like the Reserve Bank of India and the Election Commission of India. The court’s observations highlighted the risks associated with electoral bonds, including the influence of corporations on policy-making and the infringement of voters’ rights. Ultimately, the Supreme Court delivered a verdict declaring the electoral bond scheme unconstitutional, mandating transparency measures to disclose bond purchases and donor information. This decision represents a significant milestone in India’s electoral finance reform, emphasizing the importance of transparency, accountability, and democratic principles in the political funding process.
[1] 2024 INSC 113