Electoral Bonds Case Hearing : Live Updates From Supreme Court

LIVELAW NEWS NETWORK

31 Oct 2023 10:15 AM IST

  • Electoral Bonds Case Hearing : Live Updates From Supreme Court

    The Supreme Court will start hearing today a batch of petitions challenging the electoral bonds scheme. A Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra will hear the matter.The case involves a batch of petitions challenging the amendments introduced by the Finance Act 2017 paving the way for the...

    The Supreme Court will start hearing today a batch of petitions challenging the electoral bonds scheme. 

    A Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra will hear the matter.

    The case involves a batch of petitions challenging the amendments introduced by the Finance Act 2017 paving the way for the anonymous electoral bonds scheme.The Finance Act 2017 introduced amendments in Reserve Bank of India Act, Companies Act, Income Tax Act, Representation of Peoples Act and Foreign Contributions Regulations Act to make way for the electoral bonds.

    The petitions filed by NGOs Association for Democratic Reforms (ADR), political party Communist Party of India (Marxist) challenge the scheme results in making political fundings non-transparent as the electoral bond donors are kept anonymous. They also contend that the scheme facilitate corruption and money laundering by donation through shell companies. Refuting these contentions, the Centre stated that the scheme ensured that clean money comes to political parties through proper banking channels.

    Follow this page for live-updates from the hearing.

    Live Updates

    • 31 Oct 2023 12:28 PM IST

      Bhushan takes the bench through some judgments.

    • 31 Oct 2023 12:25 PM IST

      Bhushan: Political parties are a part of the instrumentalities of the state. This has been held by this court. Even CIC has held that political parties are public authorities under RTI Act

    • 31 Oct 2023 12:24 PM IST

      Bhushan: Political parties are a part of the instrumentalities of the state. This has been held by this court. Even CIC has held that political parties are public authorities under RTI Act

    • 31 Oct 2023 12:24 PM IST

      Bhushan: First challenge is that it violates the citizens' right to information. I have quoted Anjali Bharadwaj judgement in the case of information commission.


    • 31 Oct 2023 12:22 PM IST

      Bhushan: The RBI states that if the intention is that the person buying the bond is expected to tender to a political party- such intention can be accomplished by normal cheque, demand draft etc.

    • 31 Oct 2023 12:20 PM IST

      Bhushan: RBI has stated that the bonds are bearer bonds and are transferable by delivery. Hence who finally contributes to the party will not be known.

    • 31 Oct 2023 12:20 PM IST

      Bhushan: RBI states- even the intended purpose of transperancy may not be achievable as the original buyer of the instrument need not be the actual contributor to the political party.

    • 31 Oct 2023 12:19 PM IST

      Bhushan: RBI states that bearer instruments have the potential to become currency and if issued in sizeable quantities can undermine the faith of bank notes issued by central bank.

    • 31 Oct 2023 12:19 PM IST

      Bhushan: RBI states that the move would result in non sovereign entities being authorised to issue bearer instruments. As such, the proposed mechanism militates against the RBI as sole authority for issuing bearer instruments that is cash.

    • 31 Oct 2023 12:16 PM IST

      Bhushan: The government said they didn't receive any objection- the ECI didn't object? I mean they treat this so casually. You can say whatever you want and get away with it. See RBI's objections now.

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