Hindustan Times ST (Mumbai)

SC refuses interim stay on electoral bonds scheme

- HT Correspond­ent

NEWDELHI: The Supreme Court on Monday declined an interim stay on the electoral bonds scheme first notified in 2018 and granted two weeks to the Election Commission (EC) to respond to the plea challengin­g it. The Associatio­n for Democratic Reforms (ADR), a non-government­al organisati­on, and the Communist Party of India (Marxist) or CPI (M) have challenged the scheme.

“Stay was not granted before and we may not do it now,” Chief Justice of India S A Bobde, who heads the bench hearing the matter, remarked.

The court was initially inclined to grant four weeks to the EC to respond to the ADR and CPI (M) plea against the scheme. Advocate Prashant Bhushan, who appeared for the petitioner­s, opposed it saying that the Delhi assembly elections next month would be over by then and political parties would have received funds. He persuaded the court to hear the matter after two weeks.

“Initially the scheme was meant only for the Lok Sabha elections. But now every time there is an election, they open it [the scheme] and the ruling party gets thousands of crores,” Bhushan told the court as he urged it to stay the scheme.

The applicatio­n seeking a stay on the scheme was filed as part of a Public Interest Litigation filed in 2017 challengin­g the amendments to at least three major statutes to enable the introducti­on of the electoral bonds.

A series of recent media reports by Huffpost India based on informatio­n obtained under the Right to Informatio­n Act had brought to light reservatio­ns expressed by the Reserve Bank of India (RBI) and the EC regarding electoral bonds.

The RBI had opposed the scheme and warned against it, saying it has the potential to increase black money circulatio­n, money laundering, crossborde­r counterfei­ting, and forgery. It had also raised concerns regarding the amendment to Section

31 of the RBI Act for enabling scheduled banks to issue Electoral Bearer Bonds.

The applicatio­n stated that objections to the scheme by the RBI were summarily dismissed by the finance ministry in January 2017. Subsequent­ly, repeated objections raised by the RBI were disregarde­d by the government, it added. The EC had also opposed the introducti­on of the bonds through the amendment to the Representa­tion of People Act, the petitioner­s stated.

The plea alleged that the Prime Minister’s Office ordered the illegal sale of electoral bonds for state assembly elections on two separate occasions in violation of its own scheme.

An electoral bond is an instrument in the nature of a promissory note or bearer bond, which can be purchased by any individual, company, firm or associatio­n of persons provided they are citizens or have been incorporat­ed or establishe­d in the country. The bonds are in multiple denominati­ons and are issued for the purpose of the contributi­on of funds to political parties. The first issue of electoral bonds happened in March 2018. Electoral bonds worth over ~6000 crore were sold between March 2018 and October 2019.

The scheme was introduced through the Finance Act, 2017, which amended provisions of the Reserve Bank of India Act, the Representa­tion of People Act, the Income Tax Act, the Companies Act, and Foreign the Contributi­on Regulation Act to enable the introducti­on of the bonds. The Finance Act, which was passed as a money bill, meant that it did not require the assent of Rajya Sabha. This, the petitioner submitted, was done to bypass the Rajya Sabha where the ruling Bharatiya Janata Party does not have a majority. The petitioner­s submitted that the consequenc­e of the amendments was that annual contributi­on reports of political parties to be furnished to the EC need not mention names and addresses of those contributi­ng by way of electoral bonds thereby killing transparen­cy in political funding.

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