Electoral Bonds Case Hearing: What Happened In Supreme Court Today?

Electoral Bonds Case Hearing: What Happened In Supreme Court Today?

The supreme court of india today had a batch of petitions challenging the anonymous electoral bond scheme after a long hiatus the case was listed today for the first time after its last listing back in march 26 last year during the last held hearing of the case back in march 2021 a bench led by then chief just of india sa bobray had refused to stay the electoral

Bond scheme ahead of assembly elections in five states by observing that there are sufficient safeguards in this scheme the bench had also observed back then that the scheme had been introduced to ensure that political donations happen through banking channels with regards to the concerns about donor anonymity the bench had said that it could be pierced by calling

Out information from the records filed before public authorities and by doing much the following the petitions challenging the electoral bond scheme was never listed during the term of the former chief just of india and the ramana despite urgent mentioning made by the petitioners although the then cgi and v ramana had agreed on april 5th this year to urgently

Hear this particular case person to request made by advocate prashant bhushan the matter did not get listed during his tenure a bench comprising justices br gawai and bv nagaratna today posted the batch of petitions challenging the electoral bond scheme for further hearing on december 6 this year essentially these petitions were filed in the supreme court back

In 2017 challenging the provisions of the finance act of 2017 which had paved the way for anonymous electoral bonds the finance act of 2017 had introduced amendments in a host of legislations such as the reserve bank of india act companies act income tax act representation of people’s act and the foreign contributions regulation act to make way for electoral

Bonds the petitions have been filed by political party communist party of india marxist and ngos common cause and association for democratic reforms and challenge this particular scheme for being an obscure funding system which is unchecked by any authority for a bit of context the electoral bond scheme was introduced by the bjp government and the central idea

Behind introduction of such a scheme was to bring about transparency intellectual funding in india in the union budget speech on february 1st 2017 the then finance minister arun jaitley had underscored that political parties continue to receive most of their funds through anonymous donations which are shown in cash and that there was a need to cleanse the system

Of political funding in india as a result jaitley had proposed two main changes one he had reduced the amount of money that a political party could accept and cash from anonymous sources from 20 000 to 2000 and two he had announced the introduction of electoral bonds as a way to make such funding transparent the electoral bond scheme was formally introduced back

In 2018 to know more about what exactly is an electoral bond and why is it so controversial you can refer to our earlier video where we have explained this in detail the link to which has been given in the description box below in the brief hearing held today before the supreme court senior advocates couple civil gopal shankar narayan and advocate prashan bhushan

Appearing for the petitioners pressed for an early hearing of the matter either next week or in november ahead of the assembly elections of gujarat and himachal pradesh which are likely to be held in december attorney general for india are venkataramani and solicitor general of india tushar mehta submitted today before the supreme court that several constitution

Bench hearings are scheduled in november and thus requested that the present matter be posted to january next year instead the petitioners objected to this request and urged for an early listing ultimately the bench agreed to list the matter on december 6th this year at the outset of the hearing today advocate prashan bhushan submitted that three interconnected

Issues arise in this case one is the electoral bonds issue next is whether critical parties can come under the right to information act and thought whether the retrospective amendment to the foreign contribution regulation act that is the fcra is legal by virtue of this amendment potion said that anybody can get foreign money whether these changes could be introduced

Through a money bill is yet another issue bhushan added today senior advocate couple civil for the contender today before the supreme court that the issues are important and hence the matter should be heard by a larger bench instead the bench then wondered if a reference can be made without finding any conflict with any other judgment sybil then referred to article

145 of the constitution to say that constitutional important matters are to be heard by the constitution ventures only saul is the general tushar mehta on the other hand said that the scheme has ensured transparency by eliminating black money from political funding he argued during the hearing today and i quote here the methodology of receiving the money has been

So transparent we will take your lordships through step by step now it’s impossible to get any black or unaccounted money very transparent system to say this that this affects democracy may not hold the water at this point justice gawai asked and i quote again does system provide for where the money comes from the solicitor general responded in the affirmative

Today the supreme court bench also asked the attorney general about his view regarding the proposed reference to a larger bench the attorney general replied that there should be a threshold hearing by the bench before deciding on the proposed reference bhushan also informed the supreme court today that the election commission will announce the election schedule

For gujarat and himachal pradesh today and added that electoral bonds i shoot before every elections at this point said that this is however not an election related issue the bench at the end of the hearing ultimately posted the matter to december 6th when sybil sought for an earlier posting justice gavai said that the matter has been pending for the last seven

Years in any case thank you amaratri a live blog keep watching live law for more such updates

Transcribed from video
Electoral Bonds Case Hearing: What Happened In Supreme Court Today? By Live Law