SC Strikes Down Electoral Bonds Scheme, Terms it Unconstitutional

The Supreme Court on Thursday struck down the electoral bonds scheme, saying it violates the right to information and freedom of speech and expression under the Constitution.

A five-judge Constitution bench headed by Chief Justice D Y Chandrachud delivered two separate but unanimous verdicts on pleas challenging the scheme.

Pronouncing the verdict, the CJI said the scheme is violative of freedom of speech and expression under Article 19(1)(a) of Constitution.

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The bench said the fundamental right to privacy includes citizens’ right to political privacy and affiliation.

The scheme, which was notified by the government on January 2, 2018, was pitched as an alternative to cash donations made to political parties as part of efforts to bring in transparency in political funding.

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According to the provisions of the scheme, electoral bonds may be purchased by any citizen of India or entity incorporated or established in the country. An individual can buy electoral bonds, either singly or jointly with other individuals.

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