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 Constitutional 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 DY Chandrachud and Justice PS 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. Advocate Prashant Bhushan sought urgent hearing, pointing out that petitions are pending for the past five years. He said that the apex court must issue 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.
The Government notified the Electoral Bond Scheme on January 2, 2018. According to the provisions of the scheme, electoral bonds may be purchased by a person who is a citizen of India or incorporated or established in India.
An individual can buy electoral bonds, either singly or jointly with other individuals. ccording to the notification, electoral bonds shall be encashed by an eligible political party only through an account with an authorised bank.