Citizens right to know subject to reasonable restrictions
- October 31, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Citizens right to know subject to reasonable restrictions
Subject : Polity
Section: Elections
Context: Centre told Supreme Court on electoral bonds that Citizens right to know is subjected to reasonable restrictions
More about the news:
- Attorney General R Venkataramani has stated that the citizens’ right to know is subject to reasonable restrictions, in response to petitions challenging the electoral bonds scheme that will be heard by the Supreme Court.
- Venkataramani argues that there is no general right to know everything without reasonable restrictions, and the right to know for the purpose of expression must have specific ends or purposes.
- He opposes the idea that citizens have an unrestricted right to access details of contributions to political parties, arguing that such a right is overly broad.
- Venkataramani also mentions previous Supreme Court rulings related to informed choices about electoral candidates and argues that they do not establish a right to information about political party funding under Article 19(1)(a) of the Constitution.
- He defends the confidentiality of the Electoral Bonds Scheme, emphasizing that it promotes clean money contributions and tax compliance.
- The Attorney General suggests that the scheme does not infringe upon existing rights and cannot be considered repugnant to any constitutional right.
- He also opposes the idea of court-driven guidelines on this matter and suggests that contributions to political parties are subjects for political debate and governance accountability rather than judicial intervention.
What is the issue all about:
- A five-judge constitution bench of the Supreme Court presided by Chief Justice of India D Y Chandrachud will hear petitions challenging the 2018 Electoral Bonds Scheme
- The bench will also comprise Justices Sanjeev Khanna, B R Gavai, J B Pardiwala and Manoj Misra.
- A batch of petitions was filed by various parties, including the NGO Association for Democratic Reforms, CPI(M), Congress leader Jaya Thakur, and an individual named Spandan Biswal.
- On October 16, a three-judge bench presided by Chief Justice Chandrachud referred the petitions to a Constitution bench and scheduled the hearing for October 31.
- The decision to refer the case to a Constitution bench was based on the significance of the issue and Article 145(3) of the Constitution, which requires at least five judges to hear cases involving substantial constitutional questions.
- The electoral bond scheme, introduced in the 2017 Union Budget, allows for anonymous donations to political parties. The government claims it is a step toward electoral reform, ensuring transparency and accountability.
- The petitioners argue that the scheme makes political funding less transparent, as it allows political parties not to disclose their annual contribution reports to the Election Commission of India (ECI) or reveal the identities of bond donors.
What was Supreme Court previous judgements:
- In April 2019, a three-judge Supreme Court bench directed political parties that received donations through electoral bonds to submit details of the bonds to the ECI.
- The Supreme Court had previously dismissed a request to halt the sale of new bonds in March 2021, disputing the claim that the bond scheme provides complete anonymity to donors. The court noted that it had already ordered certain safeguards in its April 2019 interim order.
- The court also mentioned that the Election Commission had received details of contributions made through bonds as per the April 2019 order.
- The Supreme Court expressed uncertainty regarding the extent of anonymity in political party financing by corporate houses, both within India and abroad, under the scheme. The court questioned whether the allegation of complete anonymity was sustainable at this stage.
What has the ECI’s stance been
- The Election Commission of India (ECI) expressed strong objections to amendments in the Representation of the People Act (RPA) that exempted political parties from disclosing donations received through electoral bonds in May 2017.
- They considered this exemption as a regressive step and urged the government to reconsider and modify these amendments.
- Additionally, in March 2019, the ECI highlighted concerns about changes in the law that allowed political parties to accept contributions from foreign companies.
- They believed this could lead to unchecked foreign funding of political parties and the potential influence of foreign companies on Indian policies
What are the features of Electoral Bonds Scheme:
- A person being an individual can buy Electoral Bonds, either singly or jointly with other individuals.
- The bonds are like banknotes that are payable to the bearer on demand and are interest-free.
- Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 and which secured not less than one percent of the votes polled in the last General Election to the House of the People or the Legislative Assembly of the State, shall be eligible to receive the Electoral Bonds.
- The Finance Act(s) of 2016 and 2017 amended four separate legislations to make way for the electoral bonds scheme, including the Foreign Contribution Regulation Act, 2010; the RPA, 1951; the Income Tax Act, 1961; and the Companies Act, 2013.
What is the procedure to purchase the electoral bond:
- The State Bank of India has been authorized to issue and encash Electoral Bonds through its 29 Authorized Branches.
- The bonds are sold by the SBI in denominations of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh and Rs 1 crore.
- One can purchase these bonds only digitally or through cheques.
- The Electoral Bonds can be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
- The Electoral Bond deposited by an eligible Political Party in its account is credited on the same day.
- Electoral Bonds shall be valid for fifteen calendar days from the date of issue and no payment is being made to any payee Political Party if the Electoral Bond is deposited after expiry of the validity period.