NEW DELHI: The Supreme Court on Friday decided to hear on July 22 a batch of PILs, including those of two NGOs, seeking a court-monitored probe into the electoral bonds scheme (EBS), which was scrapped by the SC in February.
Lawyer Prashant Bhushan, appearing for the two petitioners NGOs, Common Cause and the Centre for Public Interest Litigation (CPIL), sought an urgent hearing into the controversial and sensitive issue.
The NGOs, while terming the electoral bonds scheme as a "scam," sought orders from the authorities for a detailed probe into the source of funding from "shell companies and loss-making companies" that made donations to various political parties.
The petitoners, after relying on the source and data revealed by the Election Commission (EC), alleged before the top court that they suspect that it might be an arranged exchange of services or favours (in various terms) between the involved parties.
The apex court's three-judge bench, led by Chief Justice (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, took note of the submissions of Bhushan and said, we would take it up for July 22, Monday. It said it would also take up another matter pending for hearing on the same issue on Monday.
In a landmark judgement, the Supreme Court held on February 15 this year that the electoral bond scheme has to be struck down as unconstitutional, and it directed banks to stop issuing bonds immediately.
"The Union has been unable to establish the measure adopted in clause 7(4)(1) of the electoral scheme is the least restrictive measure," a five-judge bench of the Top Court, headed by the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chandrachud, said in the order.
The top court also in its verdict said that the Amendments to Income Tax Act provision and the Sec 29-C of the Representation of Peoples (RP) Act are declared to be ultra vires.
The CJI said that the Amendment to the Companies Act (allowing blanket corporate political funding) is unconstitutional.
The apex court, in its verdict directed the SBI to stop issuing electoral bonds immediately and also should disclose and submit all the details to the Election Commission by March 6.
The EC will make all donations public within one week of the receipt of the information. All EBs within the 15-day validity period shall be returned by political parties to the purchasers, the top court said, in its verdict today.
"Lack of privacy of political affiliation would be catastrophic. It can be used to disenfranchise voters. Right to informational privacy extends to financial contributions to political parties," the bench of the apex court said.
The apex court had reserved the case on November 2023.
The EB scheme was challenged, before the top court, by the Association for Democratic Reforms (ADR), the Communist Party of India (Marxist), Congress leader Jaya Thakur, and Spandan Biswal and others.
