[Polity] Supreme Court Verdict on Electoral Bonds Explained | By Dr Sidharth Arora | UPSC
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- čas přidán 5. 09. 2024
- IN a historic verdict barely weeks before the Lok Sabha polls are set to be notified, the Supreme Court struck down Thursday the Narendra Modi government's 2018 electoral bonds scheme of anonymous political funding. D Y Chandrachud, said that changes made in the laws to implement the scheme were unconstitutional.
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I taught as assistant professor in college and out of my savings, I donated ₹12,000 worth bonds to AAP for its ideology supporting education and health. As a student of Economics and UPSC aspirant, I'm convinced (with empirical evidence) that to improve lives of Indians, we as a society need to invest heavily in education and health.
They set the national capital on fire and they are head over heel to make our population trashy of the highest grade by giving free bees out of the hardworking tax payer money. They have their MLA's,Cabinet ministers in jail for >3 years and not even granted bail for longest time some examples are Tahir hussain, sisodia, satinder jain are a few examples. Wanna say something about this prof?
Agree with you brother...AAP is the only hope...but unfortunately, AAP made a blunder by siding with INDIA ...AAP should fight elections, specially in hindi states alone, it will help them a lot ..but....
Q1. Was government correct in launching electoral bonds scheme?
Ans: Yes, the government had good intentions in launching the electoral bonds scheme. The primary aim was to curb the illegal money coming from outside India through covert means like hawala etc. This way the influence of foreign actors on political parties, which could have national security implications, was stopped. It also prevented domestic hoarders of cash to influence political parties via their cash donations.
Q2. Was the anonymity clause correct?
Ans: Both sides have convincing arguments. Data indicates that most of the funding of political parties is done by corporates. The petitioner side argues that electoral bonds are violative of A.19(1)(a) i.e. it denies the citizen the information that is essential for practicing free speech. The other side fears of political retaliation on the corporates, invoking the right to privacy as their fundamental right. Anonymity clause however causes Electoral Commission of India difficulties in tracking the flow of money. Overall, the anonymity clause was bound to be contentious. Thus, anonymity clause could be handled in a different way.
Q3. Way forward?
Ans: One thing is that should be absolutely unacceptable is the return to cash donations are the primary form of funding to the political parties. Doing so would once again open the flood gates for illegal foreign covert money through hawalas etc. National security matters should be non-negotiable. Instead, the government should invite all the stakeholders for their inputs and brainstorm new ways to tackle the issue in such a way that is acceptable to all.
JUDGEMENT LIKE THIS, PROVES THAT THE JUDICIARY HAD NO INFLUENCE OF THE RULING GOVERNMENT.. IT WORKS ACCORDING TO CONSTITUTION NOT ON THE WILL OF GOVT. SALUTE TO JUDICIARY AND THE RESPECTED CHIEF JUSTICE AND JUDGES....
Then you're mistaken my friend.
Bjp knows that this time they have fair chance of winning after the whole religious propaganda lately.
It would be a fair counter that this judgement would only benefit the BJP.
The opposition would also not able to get as much fund as they used to get before.
So it might prove to be the final nail in the coffin for the oppositions in the upcoming General Election.
@@ashdeep5991 You are also saying correct thing my friend. And i want to mention here that everything(each decision, judgement,order and other ) had two perspectives, it depend on individual which side she/he must be seen, without neglecting the other side.. i seen it as an examples for my answers in mains, you seen it as a political move,we both are correct.. 💯😉
@@ashdeep5991bhai bjp se dar kyu hai kya kr legi bjp mana ki ye chutiye hai but daro mt bhai congress ko khul ke support kro but ye jhatu Rahul hi congress ko aage ni badhne De rha 135 yr old party to tabho barbad krne pe tula hai
This judgement proves that there is nothing above the law and everything in india is under judicial review....i wish and hope that the upcoming CJI would be as daring and honest as D.Y .Chandrachud. ..huge respect for him... thank you so much sir for giving such detailed analysis of this judgement 🙏
Literally, waiting for Sid Sir, King of Polity..
Thank u sir...
1) 32:50 yes to some extent it is correct at least we could know about how much money funded to PPs.
2) 32:58 for anonymity i am little bit confused because in my opinion right to privacy and right to information are contradictary with each other , while matter of democracy as per supreme court political accountability is imparetive.
So anonymity is big fail of this scheme.
3) 33:04 i) scheme like electoral bond should be launched with some upgradation -- transparency about amount contributor and receiver assure accountablity accessibility
Denomination up to 1lakh or less than 1 lakh
4)Tranceparency also imparetive to curb quid pro quo and money laundering
Sir we can have a dedicated cell under the RTI Act that politicians are authorised to access
Grounds under which political parties can access can be laid down
This can lay the groundwork of integrating academic units with political units
The anonymity of electoral bonds can be replaced with bonds purchase linked to Adhaar number only. Citizens do not need to purchase bonds on comprehensive KYC details. Adhaar number or a system generated ID linking to the purchase of bonds may be utilisedto identify citizens
The means(grounds) to exploit the ID identifying the citizen can be overlooked by the dedicated cell under the RTI Act.
Jai Hind sir
In my opinion , erstwhile electoral bonds was a great initiative by government, as it did cut off cased donations and helped in formalising political donations into banking channels….although it did had some issues like honourable supreme court of India highlighted
#Possible way forwards-
1. Some limits could have been imposed on amount of donations a political party can accept
2.Immediate reporting of large donations to ECI
3.Disclosure of identity of donors above a certain nominal limit
4.Auditing of political parties accounts by an Independent authority
As a concerned and aware citizen, right to information forms the bedrock to ensure FR enshrined under Article 19-1(a). As per a recent report of ADR, 90% of the corporate donations belonged to the ruling party, which presents a major grey area to accountability. Parliament must devise different methods to ensure accountable funding. Hopefully this judgment acts as a north star to the Parliament, in all the necessary ways.
Thank u so much sir ji, JAI HIND.
That’s why he is called the god of polity, he never disappoints us!
I have only one view
Its a Pyrrhic Victory - A triumph of Idealism over Pragmatism ......
We are now back on the boat of Pre 2018 era which we have to sail with a High Cash Funding... ofcourse on the cost of A19(1)(a)
One party thinking it is dudh ki dhuli , warna dusre ke piche ED bhej dete hai or khud ke liye justification. Let people decide , BJP should stop manipulate public....
Accountability and transparency in donation is necessary,, we are citizen of India, and if a donar is harm by other party then this is the most shameful act for our country
Bahut he khatarnak entry Kari h😅🥰😀😀😂
There are both pros and cons of this judgement. But at the end, what comes first is the safety of our country. It should be known that who is the donor and if it's unknown then it's a matter of safety as it could be anyone from anywhere. It's quite unsafe. Again, corruption can also emerge from this. It could lead to misuse of power.
As said that "information is the root by which speech and expression happens" so it's a good step.
Thank you sir
Jai hind
Nice explanation sir
Unfortunate judgement .Supreme court has myopic view. Complete justice is denied!
My all time favourite educator at Unacademy ❤️🙏🏻
Electoral bond is good with transparency donar name nad also public lmt company openly advertising the amount of damate money
❤ hats off u sir❤
Super polity teacher.. my ideal
Article 19 (1)
Thank you so much sir ❤❤❤
i believe the govt was correct about the electoral bonds, judiciary basically gave open permission to do cash funding which will ultimately lead to more flow of black money . this was not a problem to solve by the courts, why people want to know about the funders of parties, after this judgement still people wont be able to get the information of the funding givers to the parties bcz now everything will happen behind closed doors and more unregulated money flow
Rather than donate it to party directly invest it in the field you want to use your money so there will be very less chance of corruption
That is so called electoral trust.
This is an absolutely correct step taken by the supreme court
Sir
Is it True that corporate or anyone can claim tax exemption for political donations??
Thank u so much Sir 🙏 Jai hind
🙏🏼
instead of doctrine of proportionality doctrine of severablity could also be used.
❤❤❤❤❤
Hai sir namaste thamage
Maine 50 crores diye the ...BJP ko ...😢
Sir kindly use some better mic. Fta hua sound aarha with some vibration..
❤
Introduction animation jaada lambi h
Sir your voice is mismatched
Modi has already minted thousands of Crores of rupees due to this
Hmm too khud 2sre se donetion magte hai
hmm kya 2sree ko denge😢😢😢
Aap jeet gaye 10 KAROOOOOOOOORRRRRRR....