JUDICIAL SCRUTINY OF POLITICAL FINANCE: EVALUATING THE SUPREME COURT’S REASONING IN-ASSOSICATION FOR DEMOCRATIC REFORMS v. UNION OF INDIA

Abstract

Association for Democratic Reforms v. Union of India, is a significant judgment in the arena of electoral transparency. This case commentary discusses the importance of transparency in elections, reinforced by other landmark cases. The central issue before the hon’ble court was the constitutionality of Electoral Bond Scheme 2018.
The case involves two parties the petitioner, Association for Democratic Reforms is a civil society body working on electoral reforms, alleged that the scheme enables unlimited and anonymous corporate donations, violating the voter’s rights under Article 19(1)(a) and provisions of the Right to Information Act 2005. On the other hand, the respondents -Union of India, defended the scheme, claiming it intended to reduce black money and encourage political donations through various banking channels providing sufficient funds for their political campaigns.
The hon’ble Supreme Court held transparency in political funding is the essence for democratic integrity. Therefore, the commentary explores two main themes: first “Electoral Integrity’’ and second “Electoral Democracy’’ both of which are highlighted by this case