Supreme Court to Consider Election Commissions Request in Electoral Bonds Case

The Supreme Court is poised to hear the Election Commissions application seeking modification of its earlier order in the electoral bonds case, while a separate petition challenging the exclusion of the Chief Justice of India from the panel for selecting election commissioners is also on the docket.

The Supreme Court of India is set to hear an application filed by the Election Commission of India (ECI) on Friday, March 17, 2023. The application seeks a modification of the operative portion of the court's March 11 order in the electoral bonds case.

ECI Seeks Return of Documents

In its application, the ECI has stated that the March 11 order had directed the State Bank of India (SBI) to disclose details of electoral bonds to the commission by the close of business hours on March 12. The ECI, however, did not retain any copies of the documents submitted to the court in sealed covers during the hearing.

The commission has urged the Supreme Court to rectify or modify the portion of the March 11 order and return the documents, data, or information submitted in sealed covers. This will enable the ECI to comply with the court's directions.

Background of the Case

The electoral bonds case involves a challenge to the Electoral Bond Scheme, which was introduced by the Indian government in 2018. The scheme allows individuals and entities to purchase electoral bonds from specified banks and donate them to political parties.

Critics of the scheme argue that it lacks transparency and accountability, as the identities of donors are not disclosed. The Association for Democratic Reforms (ADR), an NGO, has filed a separate petition challenging the exclusion of the Chief Justice of India from the panel for the selection of the chief election commissioner and election commissioners.

Supreme Court's Previous Orders

In its March 11 order, the Supreme Court had directed SBI to disclose the details of electoral bonds to the ECI. The court had also directed the ECI to publish the details shared by the bank on its official website by 5 pm on March 15. The ECI complied with the order and published the data on its website on March 16.

Upcoming Hearing

A five-judge Constitution bench headed by Chief Justice D Y Chandrachud is scheduled to hear the ECI's application on Friday. The court's decision in this case will have significant implications for the transparency and accountability of the electoral bonds scheme.

The Supreme Court's hearing of the ECI's application in the electoral bonds case is a crucial development in the ongoing debate over the transparency and accountability of political funding in India. The court's decision will be closely watched by political parties, civil society organizations, and the general public.