SC rejects plea seeking review of electoral bonds scheme

The Supreme Court has dismissed a batch of pleas seeking review of its February 15 verdict, which had scrapped the Modi government's electoral bonds scheme of anonymous political funding.

Image is used for representational purposes only. Photograph: ANI Photo

A bench of Chief Justice D Y Chandrachud and Justices Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra said there is no error apparent on the face of the record.

The top court also rejected the prayer for listing the review petitions in an open court.

"Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013. The review petitions are, therefore, dismissed," the bench said in its order dated September 25 that was uploaded today.

The review pleas filed by advocate Mathews J Nedumpara and others contended that the matter related to the scheme falls in the exclusive domain of legislative and executive policy.

"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," Nedumpara had submitted in his plea.

He had said the court failed to notice that the public opinion could be sharply divided and the majority of the people of this country could probably be in support of the scheme, brought into existence by their elected representatives, and that they too have a right to be heard as much as the 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 had said.

Holding that the 2018 electoral bond scheme was "violative" of the constitutional right to freedom of speech and expression and right to information, a five-judge Constitution bench headed by Chief Justice of India Chandrachud had scrapped the scheme.

The top court had also directed the State Bank of India (SBI), the authorised financial institution under the scheme, to submit the details of electoral bonds purchased since April 12, 2019, to the Election Commission, which was asked to publish the information on its official website.

Under the electoral bonds scheme, ruling parties can coerce people and entities to contribute, the apex court had said and rejected as "erroneous" the Centre's argument that it protects the confidentiality of the contributor which is akin to the system of secret ballot.

The electoral bonds scheme, which was notified by the government on January 2, 2018, was pitched as an alternative to cash donations made to political parties as part of efforts to bring transparency in political funding.

On March 13, the SBI told the Supreme Court that a total of 22,217 electoral bonds were purchased and 22,030 redeemed by political parties between April 1, 2019 and February 15 this year.

In a compliance affidavit filed in the apex court, the SBI said as per the court's direction, it has made available the details of electoral bonds to the Election Commission of India before the close of business hours on March 12.

The electoral bond controversy had become a major poll issue during the Lok Sabha elections as the opposition alleged it was an "extortion racket", while the ruling BJP defended the scheme, saying it had a laudable objective of bringing transparency in poll funding.