Sidharth Sajeev, Jindal Global Law School
ABSTRACT
In this paper, I look to analyse the constitutional provision of Right to Information with respect to electoral funding, particularly with respect to the Electoral Bonds Scheme (EBS). The Electoral Bonds Scheme was introduced into the political array by the Government of India in 2017 through the amendments made in the Finance Act, 2017. The stated objective of the act as per the ruling party was to curb the inflow of black money into the funding of political parties1. I am of the opinion that the electoral bonds scheme is violative of the fundamental Right to Information and Right to Know under article 19(1)(a). The said act was voted as a money bill thereby, bypassing the scrutiny of the Rajya Sabha. The act through its subsequent amendments to Companies Act, 2013 and Representation of People’s Act, 1951 (RPA) has managed to make the electoral funding in India opaque and irretraceable for the general public. The disproportionate access to information and helps the incumbent party to retain power by brute muscle and money power even with blatant disregard for governance. Electoral bonds are an evil in the very roots of this country’s democracy and is antithesis to the idea of transparency and constitutionally guaranteed right to know.
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