Supreme Court refers pleas challenging electoral bonds scheme for political funding to Constitution Bench

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File photo: Supreme Court

October 16, 2023

The Supreme Court on Monday referred a batch of pleas challenging the controversial Electoral Bonds scheme for political funding of parties to a larger Constitution Bench.

A bench headed by Chief Justice DY Chandrachud and also comprising Justices JB Pardiwala and Manoj Misra decided to refer the matter to the Constitution Bench of at least five judges.

“In view of the importance of the issue raised, and with regard to Article 145(4) of the Constitution of India, the matter be placed before a bench of at least five judges. The matter will be retained on October 30, 2023,” the apex court said.

Dealing with the petitions pending even after six years of filing, in the previous hearing on October 10, the top court had listed the matter for consideration on October 31 and to be continued on November 1 if the hearing is not completed. However, considering the legal issue involved relating to the passage of laws as money bills and upon the petitioners’ request the Court agreed to pass the matter to a larger bench.

Through the Electoral bonds which were introduced in the Finance Act, 2017, registered political parties that have secured not less than 1% of the votes polled in the last Lok Sabha or legislative assembly elections are eligible to receive funding.

As per Petitioner NGO Association for Democratic Reforms (ADR), anonymous funding through electoral bonds promotes corruption and violates the citizens’ right to have a corruption-free nation.

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