Supreme Court Bans Electoral Bonds, CJI Stresses Public Accountability

Supreme Court of India
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New Delhi, 15th February 2024: The Supreme Court has delivered a unanimous verdict on electoral bonds, with Chief Justice DV Chandrachud emphasizing the public’s duty to hold the government accountable. The decision comes after three days of hearings, with both judgments penned by Chief Justice Chandrachud and Justice Sanjiv Khanna being unanimous.

Addressing the issue, Chief Justice Chandrachud highlighted the violation of the right to information inherent in electoral bonds, asserting that it is incumbent upon the public to question the government on such matters.
The court declared the electoral bond scheme unconstitutional, citing its infringement upon Article 19(1)(a) and the voters’ right to information. Consequently, the scheme is to be abolished forthwith.

Petitioners raised concerns over the lack of transparency in political funding facilitated by electoral bonds and its adverse impact on the voters’ right to information. They argued against the scheme’s allowance for contributions via shell companies.

In defence of the electoral bond scheme, the central government argued for the necessity of maintaining donor anonymity to safeguard them against potential retaliation from political entities. The government maintained that funds were being channeled through legitimate banking avenues for political financing.

The Supreme Court’s decisive stance marks a significant development in the realm of electoral transparency and accountability.