Electoral Bonds Case Hearing : Live Updates From Supreme Court [Day 2]

Update: 2023-11-01 04:58 GMT
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Live Updates - Page 11
2023-11-01 05:45 GMT

CJI: So though at a certain level this is regulated by statute. If it is conferred by statute it can be taken away by statute. No implication of a fundamental right can arise

2023-11-01 05:45 GMT

CJI: On one level, all this has been regulated by statutes. Right from 1956, the nature of regulation has been by statute. The only point is this- absent and enabling provisions in the statutes, namely the Companies Act, no company can donate for political purposes at all.

2023-11-01 05:43 GMT

Hansaria: A company is now required to only declare that x amount has been donated without declaring which party they have donated to.

2023-11-01 05:36 GMT

Hansaria: The substituted section omits the requirement of giving the particulars of the amount and the name of the party to which it has been contributed.

2023-11-01 05:34 GMT

CJI: So the original Sec 182 had the requirement of 3 years of existence and 7.5% of average profit.

2023-11-01 05:29 GMT

Hansaria: Contribution is limited to 5%. Now this provision continues till 2013 when another amendment comes for Companies Act. Sec 182 is the new section for the old 293A.

2023-11-01 05:28 GMT

Hansaria: This ban was removed in 1985 by amending the Companies Act. No company which has existence of less than 3 years can donate. You cannot just create a shell company and contribute. Plus, the donation cannot exceed 5% of avg profit during 3 preceding FYs.

2023-11-01 05:26 GMT

Hansaria: In 1969 a complete ban on corporate donations was imposed.

2023-11-01 05:24 GMT

Hansaria: Now comes an amendment of this Section in 1969 which completely prohibits corporate donations. Till '60 there was no regulated field. '60 regulation is made. And now in '69...

2023-11-01 05:24 GMT

Hansaria (reads Sec 239A of Companies Act as introduced in 1960): A complete cap of 5% or 20,000 rs was put. This is what a democracy needs. There is a provision for disclosure and transperancy also.

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