SCBA President Urges Presidential Reference to Withhold Enforcement of Electoral Bonds Verdict
In a recent development, Senior Advocate Adish C Aggarwala, the President of the Supreme Court Bar Association (SCBA), has penned a compelling letter to President Droupadi Murmu, advocating for a halt to the enforcement of the recent Supreme Court verdict that struck down the electoral bonds scheme as unconstitutional.
Addressing the President on behalf of the All India Bar Association, of which he chairs, Aggarwala underscored the potential constitutional ramifications of the Supreme Court’s decision. He emphasized that the judiciary should refrain from delivering judgments that could lead to a constitutional stalemate, undermine the authority of the Parliament of India, and cast doubts on the democratic functioning of political parties.
Aggarwala’s letter calls for a presidential reference on the matter, advocating for a comprehensive rehearing to ensure “complete justice” for all stakeholders, including the Parliament of India, political parties, corporates, and the general public.
The Supreme Court’s verdict, delivered on February 15, invalidated the electoral bonds scheme, citing its anonymous nature as a violation of the right to information safeguarded under Article 19(1)(a) of the Constitution. The court directed the State Bank of India (SBI), the issuing bank, to disclose details of contributions received through electoral bonds by March 6, 2024.
However, a recent request by the SBI for an extension until June 30 was denied by a five-judge bench hearing, which instructed the bank to disclose the necessary details by the close of business hours today, enabling the Election Commission of India (ECI) to make the information public by March 15.
Aggarwala’s argument in the letter revolves around the legality of the electoral bonds scheme at the time of contributions. He contends that corporate donors followed a lawful mechanism provided by the government and Parliament of India, despite the subsequent ruling by the apex court.
This development sets the stage for a potential clash between the judiciary and the executive, with Aggarwala’s call for a presidential reference likely to spark further debate and legal scrutiny surrounding the electoral bonds controversy.
As the nation awaits further developments, the issue remains a focal point of discussion, highlighting the delicate balance between transparency, electoral integrity, and the separation of powers within India’s democratic framework.
