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"Electoral bond scheme unconstitutional": SC

  • Supreme Court rules Electoral Bond Scheme unconstitutional, citing infringement of right to information and freedom of expression
  • State Bank of India instructed to disclose all electoral bond contributions to the Election Commission by March 6
  • Election Commission instructed to make all donationa public on its website within a week after receiveing the data

15 Feb 2024

The Supreme Court, in a landmark decision on Thursday, declared the Electoral Bond Scheme as unconstitutional, stating that it undermines the right to information and freedom of expression. Chief Justice DY Chandrachud, leading a five-judge Constitution bench, the scheme which allowed anonymous funding to political parties, violated the right to information and Article 19(1)(a) of the Constitution.

The court said, "Violation of the right to information for the purpose of curbing black money is not justified. The electoral bond scheme is a violation of the right to information and freedom of expression. Not disclosing information about funding by political parties is contrary to the objective"

SBI instructed to share electoral bond data by March 6. Court has ordered to stop electoral bonds immediately. The SC issued instructions and said, "State Bank of India (SBI) should give all the details of the contributions made so far through electoral bonds to the Election Commission by 06 March." The court also directed the Election Commission to share the information on its website by March 13.

While delivering the verdict, CJI DY Chandrachud said, "We have reached a unanimous decision. My decision has been supported by Justice Gavai, Justice Pardiwala and Justice Manoj Mishra. There are two opinions in it, one is my own and the other is that of Justice Sanjeev Khanna. Both reach the same conclusion, although there are slight differences in the reasoning."

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