Tag: Electoral Bond Scheme

  • SC to hear pleas challenging Electoral Bond Scheme on December 6

    By PTI

    NEW DELHI: The Supreme Court on Tuesday said it will hear on December 6 the plea of a Congress leader challenging a recent notification by which the sale of electoral bonds has been extended by 15 more days in the year of general elections to legislative assemblies of states and Union Territories (UTs) with a legislature.

    A bench comprising Chief Justice D Y Chandrachud and Justices Hima Kohli and J B Pardiwala said it will hear the fresh plea by Congress leader Jaya Thakur along with other pending petitions challenging the validity of the 2018 Electoral Bond Scheme on December 6.

    Electoral bonds have been pitched as an alternative to cash donations made to political parties as part of efforts to bring transparency in political funding.

    The government had notified the Electoral Bond Scheme on January 2, 2018.

    According to provisions of the scheme, electoral bonds may be purchased by a person, who is a citizen of India or a body incorporated or established in India.

    An individual can buy electoral bonds, either singly or jointly with other individuals.

    Only political parties registered under Section 29A of the Representation of the People Act, 1951 and those which secured not less than one per cent of votes polled in the last general election to the House of the People or the Legislative Assembly of the State, are eligible to receive electoral bonds.

    According to the notification, electoral bonds shall be encashed by an eligible political party only through a bank account with an authorised bank.

    Recently, a fresh notification was issued by the Centre amending the Electoral Bond Scheme of 2018 to provide “an additional period of 15 days” for the sale of electoral bonds “in the year of general elections to the legislative assemblies of States and Union Territories with legislature.”

    Congress leader Jaya Thakur has challenged the fresh notification.

    Another bench headed by Justice B R Gavai is seized of pending petitions including the PILs by NGO Association for Democratic Reforms, the CPI(M) and some other petitioners.

    The Centre had on October 14 told the bench that the electoral bonds scheme is an absolutely transparent mode of political funding and it is impossible to get any black or unaccounted money through it.

    “The methodology of receiving money has been so transparent. We will explain step by step. Now it is impossible to get any black or unaccounted money. It is the most transparent system. To say it affects democracy does not hold water,” Solicitor General Tushar Mehta, appearing for the Union of India, had told the bench comprising Justices Gavai and B V Nagarathna.

    Advocate Prashant Bhushan, appearing for NGO Association for Democratic Reforms, had called it a very interconnected issue which affects democracy.

    The top court had said it will examine on December 6 whether the batch of pleas challenging the laws permitting the funding of political parties through the electoral bond scheme should be referred to a larger bench.

    The apex court termed it an important matter which requires a detailed hearing and sought the assistance of the Attorney General and Solicitor General.

    Prior to this, Bhushan had sought an urgent listing of the PIL by the apex court on October 4 last year, seeking a direction to the Centre not to open any further window for the sale of electoral bonds during the pendency of a case pertaining to the funding of political parties and alleged lack of transparency in their financial accounts.

    The NGO, which had filed the PIL in 2017 on the alleged issue of “corruption and subversion of democracy” through illicit and foreign funding of political parties and lack of transparency in the accounts of all political parties, had filed an interim application in March 2021, before the assembly polls in West Bengal and Assam, seeking the window for the sale of electoral bonds be not reopened.

    The apex court had in April 2019 declined to stay the Centre’s Electoral Bond Scheme 2018 and made it clear it will accord an in-depth hearing to the pleas as the Centre and the EC have raised “weighty issues” having “tremendous bearing on the sanctity of the electoral process in the country”.

    The Centre and the EC had earlier taken contrary stands in the court over political funding, with the government wanting to maintain the anonymity of donors and the poll panel batting for revealing their names for transparency.ALSO READ | Electoral bonds have been a mixed bag

    NEW DELHI: The Supreme Court on Tuesday said it will hear on December 6 the plea of a Congress leader challenging a recent notification by which the sale of electoral bonds has been extended by 15 more days in the year of general elections to legislative assemblies of states and Union Territories (UTs) with a legislature.

    A bench comprising Chief Justice D Y Chandrachud and Justices Hima Kohli and J B Pardiwala said it will hear the fresh plea by Congress leader Jaya Thakur along with other pending petitions challenging the validity of the 2018 Electoral Bond Scheme on December 6.

    Electoral bonds have been pitched as an alternative to cash donations made to political parties as part of efforts to bring transparency in political funding.

    The government had notified the Electoral Bond Scheme on January 2, 2018.

    According to provisions of the scheme, electoral bonds may be purchased by a person, who is a citizen of India or a body incorporated or established in India.

    An individual can buy electoral bonds, either singly or jointly with other individuals.

    Only political parties registered under Section 29A of the Representation of the People Act, 1951 and those which secured not less than one per cent of votes polled in the last general election to the House of the People or the Legislative Assembly of the State, are eligible to receive electoral bonds.

    According to the notification, electoral bonds shall be encashed by an eligible political party only through a bank account with an authorised bank.

    Recently, a fresh notification was issued by the Centre amending the Electoral Bond Scheme of 2018 to provide “an additional period of 15 days” for the sale of electoral bonds “in the year of general elections to the legislative assemblies of States and Union Territories with legislature.”

    Congress leader Jaya Thakur has challenged the fresh notification.

    Another bench headed by Justice B R Gavai is seized of pending petitions including the PILs by NGO Association for Democratic Reforms, the CPI(M) and some other petitioners.

    The Centre had on October 14 told the bench that the electoral bonds scheme is an absolutely transparent mode of political funding and it is impossible to get any black or unaccounted money through it.

    “The methodology of receiving money has been so transparent. We will explain step by step. Now it is impossible to get any black or unaccounted money. It is the most transparent system. To say it affects democracy does not hold water,” Solicitor General Tushar Mehta, appearing for the Union of India, had told the bench comprising Justices Gavai and B V Nagarathna.

    Advocate Prashant Bhushan, appearing for NGO Association for Democratic Reforms, had called it a very interconnected issue which affects democracy.

    The top court had said it will examine on December 6 whether the batch of pleas challenging the laws permitting the funding of political parties through the electoral bond scheme should be referred to a larger bench.

    The apex court termed it an important matter which requires a detailed hearing and sought the assistance of the Attorney General and Solicitor General.

    Prior to this, Bhushan had sought an urgent listing of the PIL by the apex court on October 4 last year, seeking a direction to the Centre not to open any further window for the sale of electoral bonds during the pendency of a case pertaining to the funding of political parties and alleged lack of transparency in their financial accounts.

    The NGO, which had filed the PIL in 2017 on the alleged issue of “corruption and subversion of democracy” through illicit and foreign funding of political parties and lack of transparency in the accounts of all political parties, had filed an interim application in March 2021, before the assembly polls in West Bengal and Assam, seeking the window for the sale of electoral bonds be not reopened.

    The apex court had in April 2019 declined to stay the Centre’s Electoral Bond Scheme 2018 and made it clear it will accord an in-depth hearing to the pleas as the Centre and the EC have raised “weighty issues” having “tremendous bearing on the sanctity of the electoral process in the country”.

    The Centre and the EC had earlier taken contrary stands in the court over political funding, with the government wanting to maintain the anonymity of donors and the poll panel batting for revealing their names for transparency.ALSO READ | Electoral bonds have been a mixed bag

  • Electoral bonds amendment sparks row as opposition calls it poll code breach

    Express News Service

    NEW DELHI: The Centre’s move to amend the Electoral Bond Scheme 2018 has evoked strong protests from Opposition parties and civil society groups. The finance ministry on Monday issued a notification for amending the scheme to add “an additional period of 15 days” for the sale of electoral bonds “in the year of general elections to the Legislative Assembly of states and Union Territories with Legislature”.

    The Centre also declared that the sale of electoral bonds under the 23rd tranche will take place through 29 authorised branches of State Bank of India from November 9- 15. Usually, the electoral bonds are open only for sale on 10 specified dates in January, April, July and October. The last sale of electoral bonds took place during October1-10.

    Trinamool Congress MP Mahua Moitra called it a violation of the model code of conduct, as it comes ahead of Assembly polls in Himachal Pradesh and Gujarat. “Centre yesterday notified the electoral bond sale for extra days Nov 9-15 allowing more anonymous BJP donations for Gujarat and Himachal Pradesh campaigns. Previously sale was allowed only on 10 specified dates in January, April, July and October except in Lok Sabha poll years. Clear MCC violation, Wake up ECI,” tweeted Moitra. The Congress also asked why the BJP gets 70% of money from the bonds.

    Opposition parties also said that the amendment was done even as the Supreme Court is scheduled to hear pleas challenging the process, filed by the Association for Democratic Reforms and the CPM, among others, on December 6. 

    Speaking to this daily, ADR co-founder Prof Jagdeep S Chhokar said that the amendment will open the floodgates of unaccounted money going into the political system. Chhokar added that since Assembly elections to various states are held every year, the amendment will allow 15 additional dates annually for the sale of bonds.

    “This is an obvious violation of the model code of conduct, which is in force in Himachal Pradesh and Gujarat. This is another step in the direction of making the bonds available any time you want. We know that the ruling party at the Centre gets more money than any other party. There will be no level playing field for all parties,” Chhokar said.

    CPM general secretary Sitaram Yechury also took exception to the amendment. “The 2018 legislation had notified four tranches annually… The SC is to hear challenges to its Constitutional validity on December 6,” he said. 

    NEW DELHI: The Centre’s move to amend the Electoral Bond Scheme 2018 has evoked strong protests from Opposition parties and civil society groups. The finance ministry on Monday issued a notification for amending the scheme to add “an additional period of 15 days” for the sale of electoral bonds “in the year of general elections to the Legislative Assembly of states and Union Territories with Legislature”.

    The Centre also declared that the sale of electoral bonds under the 23rd tranche will take place through 29 authorised branches of State Bank of India from November 9- 15. Usually, the electoral bonds are open only for sale on 10 specified dates in January, April, July and October. The last sale of electoral bonds took place during October1-10.

    Trinamool Congress MP Mahua Moitra called it a violation of the model code of conduct, as it comes ahead of Assembly polls in Himachal Pradesh and Gujarat. “Centre yesterday notified the electoral bond sale for extra days Nov 9-15 allowing more anonymous BJP donations for Gujarat and Himachal Pradesh campaigns. Previously sale was allowed only on 10 specified dates in January, April, July and October except in Lok Sabha poll years. Clear MCC violation, Wake up ECI,” tweeted Moitra. The Congress also asked why the BJP gets 70% of money from the bonds.

    Opposition parties also said that the amendment was done even as the Supreme Court is scheduled to hear pleas challenging the process, filed by the Association for Democratic Reforms and the CPM, among others, on December 6. 

    Speaking to this daily, ADR co-founder Prof Jagdeep S Chhokar said that the amendment will open the floodgates of unaccounted money going into the political system. Chhokar added that since Assembly elections to various states are held every year, the amendment will allow 15 additional dates annually for the sale of bonds.

    “This is an obvious violation of the model code of conduct, which is in force in Himachal Pradesh and Gujarat. This is another step in the direction of making the bonds available any time you want. We know that the ruling party at the Centre gets more money than any other party. There will be no level playing field for all parties,” Chhokar said.

    CPM general secretary Sitaram Yechury also took exception to the amendment. “The 2018 legislation had notified four tranches annually… The SC is to hear challenges to its Constitutional validity on December 6,” he said.