Ex-ASG Vikas Singh has stated that the Electoral Bonds cannot be revived in their existing state through an ordinance. He emphasized the necessity for modifications before any attempt to reintroduce the scheme via legislative means.
Delhi: The Supreme Court, on February 15, unanimously struck down the electoral bond scheme, citing violations of Article 19 of the Constitution due to undisclosed political funding. It invalidated provisions related to electoral bonds in various laws, highlighting the scheme’s violation of voters’ right to information by hiding contributions. Vikas Singh, a former additional solicitor general, emphasized the need to fix the scheme’s flaws highlighted by the court before any revival attempts.
READ ALSO: Supreme Court | Commercial Curative Petitions: In DMRC vs. DAMEPL Case
Article 19 of the Constitution of India guarantees certain freedoms to its citizens, including freedom of speech and expression, assembly, association, movement, residence, and profession. However, these freedoms are subject to reasonable restrictions imposed by the State in the interest of sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency, or morality, or in relation to contempt of court, defamation, or incitement to an offence.
Singh pointed out that reintroducing the same law after the court’s judgment is legally unacceptable. Any potential ordinance must address the anonymity problem in the current electoral bonds scheme.
“The judgment, according to me, is a very bold one,” Singh said. “The court should have also appreciated that these political parties have unjustly enriched themselves under an unconstitutional scheme. If the money was taken by them under an unconstitutional scheme, they should have been asked to refund the money. However, if the donor does not want it, they can continue holding it.”
Under Article 137 of the Constitution, the Supreme Court has the authority to review its rulings according to the procedures laid down in the Supreme Court Rules, 2013. However, the threshold for such reviews is strict, with only a few being entertained annually and conducted in judges’ chambers.
Due to the invalidation of the electoral bonds scheme, the State Bank of India, responsible for issuing these bonds, has been instructed to cease their issuance immediately. Additionally, SBI has been directed to provide the Election Commission of India with information regarding the purchase and encashment of electoral bonds by political parties by March 6. The commission is then required to publish these details on its website within one week of receiving the information.