Electoral bond scheme: Top court to consider whether to refer pleas to Constitution bench
New Delhi: The Supreme Court on Tuesday said it will consider whether the pleas challenging the validity of the electoral bond scheme for political funding of parties can be referred to a constitutional bench for an “authoritative pronouncement.”
The top court’s observations to decide whether the pleas can be referred to a constitution bench assume significance in the wake of the claim of an NGO, a PIL petitioner on the issue, that so far Rs 12,000 crore has been paid to political parties through electoral bond and the two-third of the amount has gone to one major political party and hence, the matter needed to be decided expeditiously prior to the upcoming Karnataka assembly polls.
“We will see whether the petitions can be referred to a constitution bench on April 11,” said the bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha.
Lawyer Shadan Farasat, appearing for one of the PIL petitioners, said that the pleas be referred to a constitution bench due to the impact of the electoral bond scheme on the democratic polity and funding of political parties.
Farasat said the issue needed an “authoritative pronouncement” by a larger bench.
Senior advocate Dushyant Dave, appearing for NGO Association for Democratic Reforms (ADR), also supported the submission with regard to referring the batch of PILs to a constitution bench.
Dave said the matter be taken up for in April itself prior to the upcoming Karnataka assembly polls.
The bench, meanwhile, appointed two lawyers including Neha Rathi as nodal counsel for ensuring smooth hearing of the PILs, saying they would coordinate to ensure that common compilation of judgements and other records are filed.
The hearing on as many as four PILs, including the one filed by challenging the electoral bond scheme, was deferred to April 11 in view of a prior letter circulated by the Centre seeking adjournment on the ground that Solicitor General Tushar Mehta was unavailable. Earlier, the top court on January 31 had said the three sets of petitions on the electoral bonds scheme, bringing political parties within the ambit of the Right to Information Act and those challenging amendments in the Foreign Contribution Regulation Act will be heard separately.
The court had said it will hear in the third week of March the pleas challenging the laws permitting funding of political parties through the electoral bond scheme. Prior to this, the top court had said it will hear in the last week of January, a batch of PILs challenging laws permitting funding of political parties through the electoral bond scheme. Electoral bonds have been pitched as an alternative to cash donations made to political parties as part of efforts to bring in transparency in political funding.
Lawyer Bhushan had sought urgent listing of the PIL by the apex court and seeking a direction to the Centre not to open any further window for the sale of electoral bonds during the pendency of a case pertaining to funding of political parties and alleged lack of transparency in their bank accounts.