The Supreme Court today has delivered a unanimous verdict in the electoral bonds case, affirming the indispensable role of information in safeguarding the right to vote. The court underscored that voters have a fundamental right to access essential information crucial for making informed decisions during elections, with particular emphasis on the significant role played by political parties in the electoral process.

The five-judge Constitution bench headed by Chief Justice DY Chandrachud and including Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra, unanimously invalidated the electoral bonds scheme along with related amendments to the Income Tax Act and the Representation of People Act, which had allowed for anonymous donations.

The Court ruled that the electoral bonds scheme, due to its anonymity, violates the right to information and thus undermines free speech and expression as guaranteed by Article 19(1)(a) of the Constitution.

They ordered the State Bank of India, the issuing bank of electoral bonds, to disclose details of political parties receiving such bonds to the Election Commission of India by March 6. The Election Commission was then directed to publish these details on its official website by March 13. Subsequently, political parties were instructed to refund the amount of electoral bonds to the purchasers' accounts.

Launched in January 2018, electoral bonds have been financial instruments allowing individuals or corporate entities to purchase them from banks and present them to political parties, which can then redeem these bonds for funds. Chief Justice DY Chandrachud elucidated that while the law permits political contributions, it also necessitates the disclosure of contributors' affiliations, highlighting the constitutional duty to protect this information.

The Chief Justice remarked, "Contributions are also made to parties which are not substantially represented. Contributions of quid pro quo are not a show of political support. The Constitution does not turn a blind eye merely because of the scope of misuse." This statement reinforces the court's commitment to upholding transparency and preventing the potential misuse of political contributions.

The Supreme Court's decision aligns with the principle that an informed electorate is crucial for a healthy and functioning democracy. By recognizing voters' right to access essential information, the court emphasizes the importance of transparency and accountability in the electoral process. Political parties, as key participants in this democratic exercise, are entrusted with the responsibility of maintaining the integrity of the electoral system.

The court's ruling also addresses concerns about potential misuse of electoral bonds, ensuring that contributors' affiliations are disclosed. This serves as a protective measure against any attempts to compromise the democratic process through opaque financial transactions. Chief Justice Chandrachud's assertion that the Constitution does not turn a blind eye to potential misuse reflects the court's commitment to upholding the democratic values enshrined in the Indian Constitution.

Case: Association for Democratic Reforms and Anr vs Union of India Cabinet Secretary and ors.