India
Will poll bond case be referred to 5-judge bench? Supreme Court verdict on April 11 | India News
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NEW DELHI: The Supreme Court on Tuesday said it would decide on April 11 whether to refer to a five-judge constitution bench five-year-old petitions challenging the validity of donations to political parties through electoral bonds, as it veils the identity of those funding the political outfits.
A bench of Chief Justice DY Chandrachud and P S Narasimha agreed to weigh in senior advocate Dushyant Dave’s suggestion that the issue, which is of immense importance to transparency in a democracy, could be referred to a five-judge constitution bench for an authoritative ruling.
The bench said if on April 11 it agreed with the petitioners’ plea for reference to a larger bench, then the hearing before a 5-J bench would be tentatively scheduled for May 2.
Before the petitions got listed before the CJI-led bench, these were heard by another bench, comprising Justices B R Gavai and B V Nagarathna, on October 14 last year when it had inquired from the Centre whether the EBs floated from time to time for giving donations to political parties were transparent and whether the system provided for identification of the source of funding.
Solicitor general Tushar Mehta had told the court that EBs were absolutely transparent. “The prescribed methodology of receiving monies through electoral bonds is so transparent that it is impossible for political parties to get unaccounted or black money as donation,” he had said.
Petitioners termed the EBs to be a sham and said these polluted free and fair elections. Advocate Prashant Bhushan had said the government floated EBs and amended Foreign Contribution Regulation Act to allow any subsidiary of a foreign company to donate to political parties as well as public servants, which is polluting the elections.
On March 26, 2021, the SC had rejected a plea for stay on issuance of EBs in future. It had also rejected a similar request in 2019, while making certain interim arrangements every time the EB window was opened.
A bench of Chief Justice DY Chandrachud and P S Narasimha agreed to weigh in senior advocate Dushyant Dave’s suggestion that the issue, which is of immense importance to transparency in a democracy, could be referred to a five-judge constitution bench for an authoritative ruling.
The bench said if on April 11 it agreed with the petitioners’ plea for reference to a larger bench, then the hearing before a 5-J bench would be tentatively scheduled for May 2.
Before the petitions got listed before the CJI-led bench, these were heard by another bench, comprising Justices B R Gavai and B V Nagarathna, on October 14 last year when it had inquired from the Centre whether the EBs floated from time to time for giving donations to political parties were transparent and whether the system provided for identification of the source of funding.
Solicitor general Tushar Mehta had told the court that EBs were absolutely transparent. “The prescribed methodology of receiving monies through electoral bonds is so transparent that it is impossible for political parties to get unaccounted or black money as donation,” he had said.
Petitioners termed the EBs to be a sham and said these polluted free and fair elections. Advocate Prashant Bhushan had said the government floated EBs and amended Foreign Contribution Regulation Act to allow any subsidiary of a foreign company to donate to political parties as well as public servants, which is polluting the elections.
On March 26, 2021, the SC had rejected a plea for stay on issuance of EBs in future. It had also rejected a similar request in 2019, while making certain interim arrangements every time the EB window was opened.
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