A new petition has been filed in the Supreme Court challenging the Validity, of funds received by political parties through the Electoral Bond Scheme of 2018, at a time when the apex court has finally decided the matter of Association for Democratic Reforms v. Union of India; it struck down the scheme as unconstitutional and violative of Article 19(1)(a) of the Constitution.
It is evident that an amount of the order of Rs. 16,518 crores cannot be described as donations. Known quid pro quo arrangements were there at the root of such transactions between political parties and corporate donors who benefit in turn.
In the unanimous verdict, the top court expressed apprehensions over transparency and fairness concerning the Electoral Bonds Scheme. The Supreme Court directed the State Bank of India to stop issuing such bonds and make public good details of all transactions made since April 12, 2019, through bonds. Following the direction, the Election Commission of India uploaded Electoral Bonds data on its website on March 14.
Through these bonds, an aggregate of 23 political parties received Rs. 12,516 crores from more than 1,210 donors. Of these, 21 donors donated more than Rs. 100 crores each. The Association for Democratic Reforms has given this information and raised serious questions about the possible misuse of the scheme for undue advantages.
It has prayed for a direction to be issued to the Union, the Election Commission of India and the Central Vigilance Commission to confiscate the amounts received under the impugned scheme by the political parties. The petition further pleaded for setting up of a committee comprising a former judge of the Supreme Court to probe the illegal benefit given to the donors by major political parties.
Alternatively, the petition had sought the re-assessment of the tax exemption claimed by these parties and payment of taxes, interest and penalty on the amount received through Electoral Bonds.
The writ petition has been filed through Advocate on Record Jayesh K. Unnikrishnan and was drafted by Senior Advocate Vijay Hansaria, assisted by Advocates Kavya Jhawar and Nandini Raj.
It may be noted here that ADR has already filed another petition in the Supreme Court challenging the judgment ordering the setting up of a Special Investigation Team to probe such alleged instances of quid pro quo arrangements between the corporates and political parties through electoral bond donations.
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