Electoral Bonds: Supreme Court returns sealed data to Election Commission; asks it to publish it on its website

The Supreme Court Registry has complied with the order of a five-judge Constitution bench by returning the electoral bond data submitted by the Election Commission (EC) back to the body. The EC had requested the documents, submitted in 2019 and 2023, to be returned so that it could publish them on its website, following an earlier Supreme Court directive.

During Friday’s, March 16,  hearing of the Election Commission’s petition, which highlighted the lack of access to the documents submitted in sealed covers, the Supreme Court instructed the registry to return the papers by 5 pm on Saturday after digitising them. The EC has been instructed to publish the data on its website by 5 pm on Sunday.

In 2023, while adjudicating petitions regarding the validity of electoral bonds, the Supreme Court sought updated information on funds received by political parties through this method until September. Earlier, it had requested similar data in 2019.

It remains uncertain whether the publication of this data will offer new insights into political donations, as the information provided by the State Bank of India (SBI) was already uploaded on the EC’s website on Thursday, March 15.

During Friday’s hearing, the Supreme Court bench, led by Chief Justice DY Chandrachud, criticised the State Bank of India for not disclosing the electoral bond numbers, which are crucial for connecting the lists of donors and recipients.

“Who is representing the State Bank of India? They have not disclosed the bond numbers. It has to be disclosed by the State Bank of India,” Chief Justice Chandrachud remarked at the beginning of the hearing.

The bench has directed the bank to provide an explanation for this lapse during the next hearing scheduled for Monday.

The development comes amidst heightened scrutiny surrounding the electoral bonds scheme, aimed at bringing transparency to political funding. Critics have raised concerns about the lack of transparency and potential misuse of the scheme, particularly regarding undisclosed donors and their influence on political parties.

The Supreme Court’s intervention underscores the importance of transparency and accountability in electoral funding, crucial for upholding the integrity of democratic processes. As the EC prepares to publish the electoral bonds data, it remains to be seen how this information will impact the ongoing discourse on political finance reform in India.