New Delhi: The Supreme Court Thursday directed the Election Commission of India to submit data on donations made to political parties through electoral bonds till September 30, 2023. A bench led by Chief Justice of India D Y Chandrachud and comprising justices Sanjiv Khanna, B R Gavai, J B Pardiwala, and Manoj Misra, is hearing a clutch of petitions challenging the validity of the Centre's electoral bonds scheme as a source of political funding.
After hearing submissions for three days the bench reserved the judgment. Concluding the hearing in the matter, the bench directed the ECI to get the data in accordance with the order passed by the apex court in April 2019, till the period ending on September 30, 2023.
“On April 12, 2019, an interim direction was issued by this court to the ECI. The ECI has produced in a sealed packet data as per the interim order in April 2019. The order of this court was not restricted to the date on which it was pronounced. If there was any ambiguity it was necessary for the ECI to seek a clarification from this court. In any event, we now direct ECI to produce up-to-date data until September 30, 2023…..This exercise should be carried out within a period of two weeks. Data in a sealed packet should be handed over to the registrar judicial of this court”, said the Chief Justice.
During the hearing, the bench told the counsel, representing the ECI, why no data was submitted after 2019 despite the order, and the commission was to continue collecting the data.
The Chief Justice told advocate Amit Sharma, representing ECI, the court didn't freeze the data which was to be maintained, and “you were to continue collecting the data”. Justice Khanna said, "Amit Sharma you should have asked us". Sharma replied it was not possible due to the order passed by this court subsequently in March 2021.
The bench said that was an application for a stay on the electoral bonds scheme and a fresh window was opening up then and advocate Prashant Bhushan sought a stay at that stage on the distribution of any further electoral bonds. Justice Khanna told Sharma, you should have got the data when you were coming to the court, and emphasized that the bench read out the order that day, and all of us expressed a view and we expected you to come back with the data.
Sharma said he would take instructions from the commission. Justice Khanna further queried, is the data till March 2023 now available? The counsel replied that the commission seeks data from all political parties. Justice Khanna asked what the time limit was for the data to be given. The counsel said after the financial year ends.
Regarding objections raised by the ECI regarding the scheme, the Chief Justice asked to what extent was your objection assuaged. Sharma said one concern was there were three categories - one is below Rs 2000, the other is between Rs 2000-20,000, and the third is above 20,000, and the above 20,000 is to be done mandatorily by way of DD/ECS (Demand Draft/Electronic Clearing Service).
Sharma said we were mostly concerned about the category between Rs 2000-20000, as there is no provision whether it is to be done with cash/check etc, and the commission wanted the same provision under the IT Act to be included in the Representation of the People Act, so there could be a proper quantification, therefore we have no data on that and we don't know the source also.
The bench observed that it will not ask SBI to reveal the identity of donors at this stage, and nobody is interested in it at the present stage but we would like to know the quantum. The bench asked Sharma does the ECI also have any idea what the total expenditure incurred was in the last election. Sharma replied that the commission has total expenditure.
