ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Free and Fair Elections after Electoral Bonds

Revelations surrounding electoral bonds have put a question mark on the fairness of the electoral process.

In a historic decision in the case of Association for Democratic Reforms and Anr v Union of India and Ors, the Supreme Court has declared the electoral bonds scheme “unconstitutional and manifestly arbitrary” in a judgment delivered on 15 February 2024. This scheme, which guaranteed complete anonymity to donors of political parties, along with significant legal changes that permitted unlimited donations to political parties, has now been struck down. The five-judge bench, led by the Chief Justice of India, determined that the government’s modifications to key legislative acts, such as the Representation of the People Act, 1951, the Companies Act, 2013, and the Income Tax Act, 1961, infringed upon the constitutional right of voters to be informed about the sources of political financing as guaranteed under Article 19(1)(a) of the Constitution.

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Published On : 29th Mar, 2024

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