Electoral Bonds: SC to hear case on December 6 as government defends scheme as transparent

The Supreme Court of India

The Supreme Court on October 14 deferred the hearing in the case concerning electoral bonds till December 6.

The case which has remained pending for several years raises questions about the scheme which allows sale of electoral bonds anonymously allowing political parties to receive funding without having to disclose details about the donor.

The petitioners in the case told the top court today that the issue affects democracy. Aspects such as retrospective effect given to the amendment of the Foreign Contributions Regulation Act (FCRA) and introduction of electoral bonds scheme as a money bill face challenge in the case.

Senior advocate Kapil Sibal arguing for one of the petitioners suggested that the case may be heard by a larger bench as it involves critical issues. However, the division bench comprising BR Gavai and BV Nagarathna said that the listing of a case before any bench is the prerogative of the Chief Justice of India.

Solicitor General Tushar Mehta, defending the scheme on behalf of the government, said that the scheme provides for transparency in the process of receiving donations and there is no room for black money in the process. Mehta added he can take the court through the methodology under the scheme when the case is heard next.

The case was mentioned earlier this year seeking an urgent listing at a time when the 20th tranche of electoral bonds was scheduled to be sold. However, the case came up only today for hearing.