Ajay R. Singh, Advocate

Greetings

In a landmark decision by the five-member Constitution Bench, of Supreme Court (SC) in a unanimous verdict, upheld every challenge to every aspect in the electoral bonds case, declaring the scheme unconstitutional. The Supreme Court of India’s decision to strike down the Electoral Bonds Scheme, citing a violation of the right to information under Article 19(1)(a). The court rejected the government’s arguments, emphasizing that the Constitution cannot ignore potential misuse.

The court found that the amendment made to Section 182 of the Companies Act, 2013, permitting unlimited political contributions by companies, to be manifestly arbitrary.

The court ordered the SBI to stop issuing electoral bonds immediately and submit all information of the bonds sold, and the names of all the donors and recipients, to the Election Commission of India (ECI).

The Indian Supreme Court has long held that the “right to know”, especially in the context of elections, is an integral part of the right to freedom of expression under Article 19 of the Indian Constitution.

The Supreme Court in a separate matter, came down heavily upon the Presiding Officer (PO) of the Chandigarh Mayoral Elections, Mr. Anil Masih in light of his deliberate attempt to meddle with the election results during the vote counting process. The Supreme Court overturned the results of the Chandigarh mayor elections Observing that it was the court’s basic duty to ensure that electoral democracy is preserved.

The judgements only show a positive step towards strengthening Indian democracy and curbing collusion between industry and political parties, it’s crucial to recognise the role of judiciary in preserving the democratic principles .

The Legal fraternity mourns the demise of Eminent jurist and veteran Senior Advocate Shri Fali Sam Nariman. In his legal career spanning over 7 decades, he was a part of cases that shaped constitutional law in independent India.

At AIFTP our constant endeavor is to introduce new features and include good contents in our journal. I also request our esteem readers to provide feedback and suggestions if any.

JAI HIND

Ajay R. Singh

Editor