NEW DELHI: The Supreme Court on Thursday said that the pleas to consider referring the case of electoral bonds to a larger constitution bench will require hearing and posted the matter for consideration in the last week of January next year.
The issue of electoral bonds has remained under consideration before the top court since 2015 following a petition filed by Association for Democratic Reforms and others. Other petitions also challenged the orders passed by the government from time to time allowing political parties to obtain funds from other sources including corporate.
A bench of Justices BR Gavai and Vikram Nath posted the pleas pursuant to the submissions made by advocate Prashant Bhushan. Terming the issue which the court has to adjudicate as “extremely urgent” and of “constitutional importance”, Bhushan said that the issue needs to be referred to larger bench.
“Unless we notice some conflict, we can’t refer it to a larger bench. It’s the prerogative of CJI. We’ll hear it on that issue as to whether it should go to a larger bench or not,” Justice Gavai had remarked.
The petition states that these donations enjoy 100 per cent tax exemption and even foreign companies can donate through Indian subsidiaries.
The plea had also contended that the identity of the donors could never be known to the public and referred to reservations raised by the Reserve Bank of India and Election Commission. “The apprehension that foreign corporate houses may buy the bonds and attempt to influence the electoral process in the country is also misconceived.
Under Clause 3 of the Scheme, the Bonds may be purchased only by a person, who is a citizen of India or incorporated or established in India,” SC in its order had said. SC in 2019 by introducing an interim safeguard had asked all political parties to submit details of receipts of the electoral bonds to the Election Commission of India (ECI) in a sealed cover.
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