SCBA distances itself from head Adish Aggarwala's letter to president on electoral bonds

Supreme Court Bar Association and electoral bonds

The Supreme Court Bar Association (SCBA), on March 12, issued a clarification stating that it did not authorise its president Adish Aggarwala to write a letter to the president of India Droupad Murmu to withhold the electoral bonds verdict.

"It has become expedient for the members of the executive committee of the Supreme Court Bar Association (SCBA) to make it abundantly clear that the members of the committee have neither authorised the president to write any such letter nor do they subscribe to the views expressed herein," the clarification read.

The SCBA also condemned Aggarwala's letter stating that it was an attempt to undermine the authority of the Supreme Court of India.

On March 12, Adish Aggarwala, in his capacity as the president of the All India Bar Association, wrote a letter to the President of India Droupadi Murmu to withhold the enforcement of the Supreme Court's judgment striking down the electoral bonds scheme and call for a fresh reference.

His letter stated, "If we enforce this judgment of the Hon’ble Supreme Court of India by retrospectively, releasing all sensitive information, it will shatter the reputation the nation enjoys in the international arena."

Agggarwala, in his letter, also added that disclosing the information, regarding electoral bonds from 2019 will result in 'chilling effect in corporate donations'. According to the letter, the judgment will reduce corporate participation in the democratic process. The letter read, "Besides drying up further donations, such an act would discourage and dissuade foreign corporate entities from setting shops in India or participating in the democratic process but contributing to winning horses".

On February 15, the apex court struck down the electoral bonds as unconstitutional on the grounds that the non-disclosure of information regarding the funding of political parties is violative of the Right to Information of citizens.

Besides striking down the scheme, the court had also directed the State Bank of India (SBI) and the Election Commission of India (ECI) to release the list of donors and donations received by each political party by March 13. SBI was to share the list with ECI by March 6, and ECI was to publish it by March 13.

SBI had moved an application seeking an extension of time to furnish a date on electoral bonds. While the SBI had said it would require time to match the details of the donor with the political party they have donated to, the Supreme Court, on March 11, clarified that it need not do any such matching and would have to submit the details that are readily available with it.