New Delhi: The Supreme Court on Thursday struck down the electoral bonds scheme for political funding saying it is violative of the right to freedom of speech and expression under Article 19(1)(a) of the Constitution.
Two unanimous verdicts were delivered by a five-judge bench headed by Chief Justice of India DY Chandrachud.
"The electoral bonds scheme and the impugned provisions to the extent that they infringe upon the right to information of the voter by anonymising contribution through electoral bonds are violative of Article 19 (1)(a)," Chief Justice Chandrachud said while pronouncing the verdict.
The Supreme Court further stated that the fundamental right to privacy includes the citizens' right to political privacy and affiliation.
What Is Article 19 (1)(a)
Article 19 (1)(a) in the Constitution of India guarantees all citizens the “right to freedom of speech and expression”. Under this, an Indian citizen has been granted the right to freely express his/her opinions, ideas and thoughts.
It also provides citizens the freedom to express their views through writing, speech, visual representations, and printing among other means.
What Is Electoral Bonds Scheme
The electoral bonds scheme was notified by the central government on January 2, 2018, as an alternative to cash donations made to political parties.
It was stated that the scheme was a part of efforts to bring transparency to political funding.
Electoral bonds may be purchased by any Indian citizen or entity incorporated or established in the country, as per the provisions of the scheme.
These electoral bonds can be purchased by an individual either singly or jointly with others.
Hearing multiple pleas challenging the scheme, a five-judge Constitution bench headed by Chief Justice Chandrachud on Thursday also ordered the State Bank of India (SBI) to disclose details of donations made through it to the Election Commission.
The bank must disclose details of each electoral bond encashed by the political parties in the country, the Supreme Court said.
The information, which must include the date of encashment and the denomination of the bonds, will be submitted to the poll panel by March 6. The Election Commission should publish it on its official website by March 13, the Supreme Court said.