Case title – Association of Democratic Reforms and Anr Vs Union of India and Ors
Case no. – Writ Petition (Civil) No 880 of 2017
Order on – March 18th, 2024
Quoram – Chief Justice of India Dr. D Y Chandrachud, Justice Sanjiv Khanna, Justice B R Gavai, Justice J B Pardiwala, Justice Manoj Misra
Facts of the case
The Bench by its judgement dated February 15th 2024, held the electoral bond scheme introduced in 2018 to be unconstitutional. The Apex Court unanimously ruled to strike down the electoral bonds scheme of anonymous political funding and specified the disclosure of data on poll bonds purchased and redeemed with the effect from April 12, 2019 till the date of the verdict.
Court’s Analysis and Order
The Court while adjudicating the Miscellaneous Application Diary No 12580 of 2024 and Miscellaneous Application No 596 of 2024 made the following directions.
The Court in sub-paragraphs “b” and “c” of paragraph 221 of its judgment directed the State Bank of India to submit details of the Electoral Bonds purchased in the aforementioned period and Political Parties which have received contributions through Electoral Bonds.
The Court pointed out that the relief sought for pre-dating the point of disclosure could not be dealt under the said MA as it would amount to a substantive modification of the judgement.
The Court thereby held the MA to be unmaintainable and accordingly dismissed the same.
The Court further under MA No 596 of 2024 also stipulated to comprehend the alphanumeric number and serial number of the Electoral Bonds which were purchased and redeemed.
The Counsel Mr Harish N Salve appearing on behalf of the SBI submitted that there is no reservation on the part of the SBI in disclosing all details which are in its possession and custody.
The Court in order to fully effectuate its judgment and to obviate any controversy in the future, directed the Chairman and the Managing Director of SBI to file an affidavit on or before 21 March 2024 indicating that SBI has disclosed all details of the Electoral Bonds which are in its possession and custody and that no details have been withheld from disclosure in terms of the directions contained in paragraph 221 of the judgment dated 15 February 2024.
The Court, thereby, directed the Election Commission of India to upload the details on receipt of the communication by SBI.
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Judgement Reviewed by – Keerthi K
