A plea has been filed in the Supreme Court seeking a review of its February 15 verdict, which invalidated the Modi government’s electoral bonds scheme of anonymous political funding.
Petitioner
The review plea, filed by advocate Mathews J. Nedumpara, contends that the Court entertained the petition against the scheme and struck down the law and the scheme without acknowledging that it is essentially acting as an appellate authority over Parliament.
It asserts that the Court substituted its wisdom on a matter falling within the exclusive province of legislative and executive policy.
Nedumpara’s plea argues, “The court failed to notice that even assuming the issue is justiciable, the petitioners therein having not claimed any specific legal injury exclusive to them, their petition could not have been decided as if a private litigation for the enforcement of rights which are specific and exclusive to them.”
He further contends that the public opinion might be sharply divided, with the majority possibly supporting the scheme brought into existence by their elected representatives. Therefore, the public also has a right to be heard, similar to the PIL/writ petitioners.
“The court failed to notice that, if at all it is venturing into the forbidden domain of adjudicating upon a matter of legislative policy, they have a duty to hear the public at large and that the proceedings ought to be converted into representative proceedings…,” the plea asserts.
Constitution Bench
The five-judge Constitution bench, led by Chief Justice D Y Chandrachud, had invalidated the 2018 electoral bond scheme, deeming it “violative” of the constitutional right to freedom of speech and expression and the right to information.
The top court had instructed the State Bank of India (SBI), the authorized financial institution under the scheme, to furnish the details of electoral bonds purchased since April 12, 2019, to the Election Commission by March 6.
The Election Commission (EC) was to publish this information on its official website by March 13, 2024.
The apex court had dismissed the electoral bonds scheme, stating that ruling parties could coerce people and entities to contribute. It also rejected the Centre’s argument that the scheme protects the contributor’s confidentiality, akin to the system of secret ballot. The electoral bonds scheme, notified by the government on January 2, 2018, was presented as an alternative to cash donations made to political parties to enhance transparency in political funding.
