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Supreme Court's Landmark Decision on Electoral Bonds: A Five-Judge Bench to Weigh In

  • Posted on October 16, 2023
  • Legal
  • By Arijit Dutta
  • 288 Views

In a significant move, the Supreme Court has decided to refer the plea challenging electoral bonds to a five-judge bench, marking a pivotal moment in India's political landscape. Chief Justice DY Chandrachud, emphasizing the issue's paramount importance and invoking Article 145(4) of the Indian Constitution, directed that the matter be presented before a bench comprising at least five judges. The proceedings are scheduled to commence on October 30, 2023, according to a report by Bar and Bench.

Supreme Court's Landmark Decision on Electoral Bonds: A Five-Judge Bench to Weigh In Image Source -www.scobserver.in

In a significant move, the Supreme Court has decided to refer the plea challenging electoral bonds to a five-judge bench, marking a pivotal moment in India's political landscape. Chief Justice DY Chandrachud, emphasizing the issue's paramount importance and invoking Article 145(4) of the Indian Constitution, directed that the matter be presented before a bench comprising at least five judges. The proceedings are scheduled to commence on October 30, 2023, according to a report by Bar and Bench.

This development comes as a response to the persistent calls for transparency and accountability in political funding, making it a vital topic within the legal and political arenas. The decision is poised to have a substantial impact on India's electoral system and has garnered widespread attention from legal experts and the public alike.

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The primary focus of the upcoming hearings is the challenge to the controversial electoral bond scheme, which has been a subject of contention for quite some time. Earlier, the bench had taken note of the submissions made by lawyer Prashant Bhushan, who argued that the matter required adjudication before the electoral bond scheme opens for the 2024 general elections. As a result, the bench had decided to set it for a final hearing, underlining the urgency and significance of resolving the matter.

The crux of the issue revolves around four Public Interest Litigations (PILs) that have been pending, all of which center on electoral bonds. These PILs have been filed in the pursuit of greater transparency in political funding. One petitioner, back in March, revealed that an astonishing sum of Rs 12,000 crore had already been channeled to political parties through electoral bonds. What's particularly striking is that two-thirds of this colossal amount have found their way to a single prominent political party.

The electoral bond system was introduced with the promise of providing an alternative to cash donations, a move designed to inject transparency and accountability into the murky world of political funding. However, it has continued to be a contentious subject, with various stakeholders expressing concerns about potential misuse and a lack of transparency.

This momentous decision by the Supreme Court not only elevates the significance of the issue but also raises expectations for a comprehensive and impartial resolution to the electoral bond challenge, possibly reshaping India's political financing landscape.


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Arijit Dutta

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