The Union government has defended the tenets of the electoral bonds scheme, telling the Supreme Court that there cannot be a general right to know anything and everything without being subjected to reasonable restrictions.
The government's submissions come ahead of the much-anticipated hearing in the electoral bonds scheme case that is set to be argued on Tuesday and the day after.
The scheme facilitates the transfer of funds to political parties of one's choice through banking channels, which ensure tax abidance as opposed to direct inter-party transfers, the government said. "In this way, it is a departure from prevalent modes of contributionism, which were not regulated."
This scheme does not have an adverse effect on any of the fundamental rights enumerated under the Constitution, and, therefore, it cannot be held illegal, according to the government.
Judicial review is not about scanning State policies for the purposes of suggesting better or different prescriptions.Central Government's Submission Before The Supreme Court
It said that given the huge importance this issue carries and its impact on the organisation of political parties, the entire subject deserves parliamentary consideration through debates.
Citing the separation of powers doctrine, the central government said the court cannot proceed to adjudicate on matters in the absence of a clear constitutionally offending law.
Background
The government implemented the electoral bond scheme in 2018. An electoral bond can be purchased by an Indian citizen or entities incorporated or established in the country.
Only registered political parties that have secured not less than 1% of the votes polled in the last Lok Sabha or legislative assembly election are eligible to receive funding through the electoral bonds.
Donations through such bonds are anonymised, which raises a challenge to free and fair elections.
In 2019, the top court denied a stay on the scheme but stated that it would accord an in-depth hearing on the issues raised against the scheme as the sanctity of the electoral process in the country was in question.
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