Delhi, Feb 15: The Supreme Court of India on Thursday declared the Electoral Bond scheme as ‘unconstitutional’, citing violations of the right to information and freedom of speech and expression.
The Supreme Court of the Nation in its landmark ruling has instructed the State Bank of India to reveal the contributors’ names to the Election Commission. Chief Justice D Y Chandrachud, leading a five-judge bench, delivered two separate unanimous verdicts, dealing a blow to the central government. The scheme’s infringement of freedom of speech under Article 19(1)(a) was highlighted.
The bench also affirmed citizens’ right to political privacy and affiliation as part of their fundamental right to privacy. Additionally, it invalidated amendments to various laws, including the Representation of Peoples Act and Income Tax laws. The court mandated the cessation of electoral bond issuance and ordered the State Bank of India to furnish details of bonds purchased since April 12, 2019. The verdict was reserved by the court on November 2 last year. Introduced by the government on January 2, 2018, the scheme aimed to enhance transparency in political funding by offering an alternative to cash donations.
Under the scheme, any Indian citizen or entity incorporated in the country could purchase electoral bonds without disclosing their identity, a provision criticized for its lack of transparency and potential advantage to ruling parties.
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