Supreme Court strikes down Electoral Bond scheme

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The Supreme Court on Thursday struck down electoral bond scheme stating it is violative of Article 19 (1)(a). The provision guarantees freedom of speech and expression to all citizens.

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The Supreme Court, a five-judge Constitution bench headed by Chief Justice DY Chandrachud in its judgment said, “Democracy does not begin and end with elections. Democracy sustains because the elected are responsive to the electors who hold them accountable for their actions and inactions. Would we remain a democracy if the elected do not heed to the hue and cry of the needy? We have established the close relationship between money and politics above where we explained the importance of money for entry to politics, for winning elections, and for remaining in power. That being the case, the question that we ask ourselves is whether the elected would truly be responsive to the electorate if companies which bring with them huge finances and engage in quid pro quo arrangements with parties are permitted to contribute unlimited amounts.”

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The Supreme Court also directed SBI to disclose details of each electoral bonds encased by political parties.

It is worth noting that the electoral bonds scheme was introduced in 2018 by the Indian government permitting anonymous donations to any political parties.  

The five-judge Constitution bench who pronounced the landmark judgment comprised of Chief Justice of India (CJI) Justice DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra.

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