The Hindu (Erode)

SC order on electoral bonds disclosure does not cover full details from March 2018

- Krishnadas Rajagopal

The Supreme Court on Monday directed full disclosure of electoral bonds purchased after April 2019, but informatio­n about a chunk of poll bonds bought and encashed during the first year of the anonymous political funding scheme will continue to remain hidden from the public eye.

This would mean that full informatio­n on who bought how many electoral bonds to donate to which political party between March 1, 2018, and April 11, 2019, would continue to remain under wraps despite the fact that the Supreme Court had held the entire electoral bonds scheme, from start to finish, plainly unconstitu­tional in its judgment on February 15.

On March 18, the court dismissed a plea by an NGO, Citizens Rights Trust, represente­d by senior advocate Vijay Hansaria and advocate Sneha Kalita, to direct complete disclosure of electoral bonds’ details from March 1, 2018. The court said the plea was not

“maintainab­le” even as the NGO claimed that informatio­n on nearly 10,000 bonds worth over ₹4000 crore, bought since March 2018, was not publicly available.

‘Major modification’

Chief Justice of India D.Y. Chandrachu­d explained to the NGO that the February 15 judgment had explicitly sought the publicatio­n of electoral bonds’ details only from April 12, 2019. Allowing the NGO’s applicatio­n now would lead to a “substantiv­e modification” of the February judgment.

Though the judgment had explicitly directed disclosure on electoral bonds purchased only from April 12, 2019, till February 15, 2024, a subsequent order of the court in the same case on March 11, 2024, had specifically instructed the Election Commission of India to “publish the details of the informatio­n which was supplied to this court in pursuance of the interim orders [April 12, 2019, and November 2, 2023] on its official website”.

The April 12, 2019, order of the top court had required political parties which had received donations through electoral bonds to submit to the Election Commission of India (EC) the “detailed particular­s” of the donors as against each bond and the “full particular­s” of the bank account to which the amount was credited and the date of each such credit. On November 2 last year, the court had directed the EC to update this data till September 30, 2023, and hand it over to the court.

So, the March 11 order had already extended the ambit of the judgment to the period prior to April 12, 2019. Besides, orders following a judgment should be read in consonance with it.

Hence, the question remains why the Supreme Court has now limited complete disclosure to electoral bonds post April 2019, and not to those bought and encashed from March 1, 2018.

 ?? ??

Newspapers in English

Newspapers from India