'Supreme Court has no right to review electoral bonds', Attorney General to SC in Electoral Bonds Case

'Supreme Court has no right to review electoral bonds', Attorney General to SC in Electoral Bonds Case

Recently, the Attorney General for India, R Venkataramani, in a statement filed before the Supreme Court in the electoral bonds case.

Attorney General for India, R Venkataramani has submitted that the citizens do not have the right to information under Article 19(1)(a) of the Constitution regarding the funding of a political party.

The Government of India has given written arguments before the 5-judge bench hearing the petitions challenging the electoral bond scheme, terming it as 'non-transparent and undemocratic'.

A Constitution Bench of the Supreme Court will start hearing the batch of petitions challenging the Electoral Bonds scheme on October 31.The bench consists of Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra.

"Contributions to political parties have democratic value and are an appropriate subject for political debate."

The Government has said - "The demand for accountability of governance free from influence does not mean that the Court will proceed to adjudicate on such cases in the absence of clear constitutional law." 

The government told the court, "Free and accountable governance is based on the role of political parties in administration. It is well known that political parties receive all support including financial assistance and contributions. Judicial review is not about scanning state policies with the aim of suggesting a better or different approach." 

The Attorney General said, ''EBS maintains the confidentiality of the contributor. This ensures and promotes clean money being contributed. This ensures compliance with tax obligations. Thus it does not violate any existing rights.''

A constitutional court reviews state action only when it infringes existing rights. Not because state action has not conferred potential rights.

According to the affidavit, some people believe that the impact of financial contributions to political parties by corporate entities is harmful. It is believed that such contributions will always influence policy making or other executive decisions or actions. Therefore, an attempt is made to establish a connection between information about contributions and supervision of governance. 

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