JALDI

Jaldi-Vidhi

Association for Democratic Reforms v. Union of India

Case details and hearing information from the Constitution Bench Pendency Portal.

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Association for Democratic Reforms v. Union of India

This is a petition filed against the electoral bonds scheme introduced by the Finance Act, 2017, which allowed anonymity to donors of political parties.

Petitioners Arguments
The amendments will enable donors of political parties to maintain anonymity as their name is not revealed to the public, and neither is the company bound to disclose the political parties to which such contributions are made. The Scheme operates via the banking channels of the State Bank of India as a result of which members of the general public, and those political parties which are not in power, will not be privy to the details of such electoral bonds.
Responders Arguments
These amendments and the Scheme are intended to prevent unaccounted money from having a sway in the elections. Additionally, since donors are obliged to operate only through banking channels, this also helps curb the menace of black money.
Last Listed On
2024-02-15
Start Date
2023-10-16
End Date
2024-02-15
Card Stage Date
2024-02-15
Review Petition No
W.P.(C) No. 880/2017
Case Status
Archive
Bench Status
Constituted
Subject Matter
Constitution
Comment
NA
Disposal Time
3 months, 30 days

5 Judge Bench

Judgment delivered

Consider As Stage Of Pendency
false

Date of institution of case

Date of reference to 5 Judge Bench

Judgement pronounced

The Association for Democratic Reforms filed this Public Interest Litigation praying for the declaration as unconstitutional, illegal and void several sections of the Finance Acts of 2016 and 2017 and its corresponding amendments governing the issuance and functioning of Electoral Bonds in India. The Petitioners prayed for a stay on the erstwhile Electoral Bonds scheme introduced by the Finance Act 2017 owing to the nature in which Electoral Bonds were being issued to political parties by various donors. Electoral bonds are interest-free bearer bonds or money instruments that can be purchased from authorised branches of the State Bank of India (SBI). They are purchased and used to make donations to political parties. The prominent changes introduced by these amendments are that neither are the donors of political parties required to disclose their identity nor do they have to disclose the name of the party to whom such contributions are made. Additionally donors are required to operate through banking channels.

Is the electoral bond scheme constitutional and in line with a democratic and fair electoral process? Can the Scheme allow anonymity with the view to protect donors’ right to privacy or is this anonymity violative of the voters’ right to information?

Sections 11, 135, 137, 154, and 236 of the Finance Act, 2017

Since the issue is of grave importance and involves questions and interpretation of constitutional law, the three-judge bench of the Supreme Court referred this matter to a Constitution Bench.

NA

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