Supreme Court Strikes Down Electoral Bond Scheme, Citing Unconstitutionality

In a landmark decision on February 15, the Supreme Court invalidated the election convention; this was a move that had a huge impact on political finance in India. The order, delivered by a five-judge bench headed by Chief Justice DY Chandrachud, dismissed several petitions challenging the legality of the process that allows anonymous donations to political parties.

Highlights of the Decision

Unfair Process: The Supreme Court found that the election campaign was illegal and this greatly affected his life.

Black money is not the only way to solve the problem: Data breach courts Procedures are not the only way to combat dirty money in financial options. It suggests an alternative approach that would minimize the impact on the public’s right to know.

Violation of freedom of expression: The judge ruled that the work violated the freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution. It clearly states that citizens’ right to political privacy and participation is part of the fundamental right to privacy.

Potential to be biased towards the ruling party: The decision stated that the election budget could bias the ruling party and lead to gratuitous regulation due to the connection between profit and politics.

Immediate ban: The Supreme Court has directed the State Bank of India (SBI) to immediately stop issuing voter certificates. SBI has also been requested to disclose details of politicians who have obtained election certificates since April 12, 2019, to the Election Commission of India in March. ECI has to publish the details on its official website by March 13.

Understanding Election Certificates

Issuing Election Certificates are articles of incorporation or bonds that can be purchased by an individual, company or individual. If the organization is a citizen of India or incorporated in that country. This money is for donations to political parties.

Only politicians who are registered under Section 29A of the Representation of the People Act, 1951 and have secured at least 1% of the votes cast in the previous Lok Sabha or State Election Acts are required for voting certificates.

Donation Process

Donation through bond selection involves purchasing bonds and sending money to the political party through KYC based account. All parties must make these contributions within the specified period. Importantly, there is no limit to the number of voting certificates an individual or organization can purchase.

Legislation

The Election Finance Act was announced by Finance Minister Arun Jaitley during and after Budget 2017 by amending the Finance Act, Representation of Human Rights, Companies Act, “Earnings Act”. “, “Fair Credit Act” and “Reserve Bank of India Act” and other Acts have been amended by amendment.

The Supreme Court judgment is a major development in terms of transparency and election financing in India. Legal model in financial management .

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