Electoral bonds fail to provide a level playing field: Supreme court
Hindustan TimesThe Supreme Court on Wednesday asked the Union government if electoral bonds for political funding “legalise kickbacks” to political parties, and observed that the scheme not only seemed to create an “information hole” by perpetuating “selective anonymity” of the donors but also failed to provide a level playing field. The five-judge Constitution bench, led by Chief Justice of India Dhananjaya Y Chandrachud, further observed that striking down the EB scheme would not mean pushing political donations to the era of unaccounted cash and black money because the government is not precluded from coming out with a “transparent scheme or a scheme which has a level playing field”. While Mehta argued that potential abuse cannot be a ground to hold the scheme bad in law when it really intended to move the cash-driven political donations to formal banking channels, the bench, also comprising justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra, pointed out that the “opacity” of the EB scheme also leads to disturbing the level playing field in the electoral polity with the majority of funds invariably going to the party in power, whether at the Centre or in the states. But that will not be valid in itself for the reason that we are not precluding the government from coming out with a transparent scheme or a scheme which has a level playing field.” It added: “The problem with the scheme lies in the facts that A: It does not provide a level-playing field for political parties and B: If it suffers from opacity, as the argument of the other side is, this is not to prevent the legislature or executive from coming out with a scheme which deals with these issues.