ASSOCIATION OF DEMOCRATIC REFORMS & ANR. V. UNION OF INDIA & ORS. (2024) – A CASE NOTE

Abstract

This case note adopts a doctrinal research methodology, analysing judicial reasoning and constitutional implications of the Supreme Court’s ruling on 
electoral bonds. The Supreme Court’s 2024 verdict striking down the Electoral Bonds Scheme marks a significant moment for Indian democracy. This scheme had permitted political parties to receive large, anonymous donations, making it impossible for ordinary citizens to know who was financing their leaders. In its judgment, the Court affirmed that transparency is a fundamental right of voters because one cannot make an informed decision without knowing who holds sway behind the scenes? By emphasising openness and accountability, the Court shed light on how secrecy in political funding can corrode the very principles of free and fair elections. It noted that the unchecked rise in corporate contributions had created an uneven political field, weakening equal participation. The government had argued that anonymity protected donor privacy and curbed black money. 
However, the Court firmly rejected this view, stating that opacity conceals both legitimate and illicit funds, thereby enabling corruption than preventing it. While the ruling dismantles a flawed system, and it urges lawmakers to devise a fair framework that balances transparency with donor privacy. In essence, this landmark decision restores power to where it rightly belongs: in the hands of a well-informed electorate.