Supreme Court’s decision on electoral bonds-SC decision on Electoral Bonds case: Will it revive the flagging RTI Act?

Source: The post Supreme Court’s decision on electoral bonds has been created, based on the article “SC decision on Electoral Bonds case: Will it revive the flagging RTI Act?” published in “Indian express” on 16th February 2024.

UPSC Syllabus Topic: GS paper2-governance- transparency & accountability and institutional and other measures.

News: This article discusses a Supreme Court judgment declaring the Electoral Bonds scheme unconstitutional, which supports the Right to Information Act. The judgment addresses transparency in political funding and challenges in implementing the RTI Act, like delayed responses and non-compliance by political parties.

What are electoral bonds?

Electoral bonds are interest free “bearer instrument”. (Bearer instruments are similar to promissory notes. These are payable to the bearer on demand.

For more information read here

What is the Supreme Court’s decision on electoral bonds?

Supreme Court’s Unanimous Decision: The five-judge bench, led by the Chief Justice of India, unanimously ruled the Electoral Bonds scheme unconstitutional.

Violation of Right to Information: The Court found that anonymous electoral bonds violate the Right to Information and Article 19(1)(a) of the Constitution.

Directive to State Bank of India (SBI): The Supreme Court has ordered SBI to halt the issuance of electoral bonds.

Requirement for Transparency: SBI is also directed to provide details of electoral bonds purchases to the Election Commission of India (ECI), ensuring greater transparency in political funding.

Impact on Transparency in Political Funding: This judgment enforces the idea that voters have a right to know the sources of political funding, aligning with the principles of the Right to Information Act.

For information on RTI Act read here

What are the impacts of this judgment on the RTI Act?

Reinforcement of RTI Act Principles: The Supreme Court’s decision reinforces the principles of transparency and accountability within the RTI Act.

Addressing Legal and Bureaucratic Challenges: The judgment addresses the legal and bureaucratic hurdles that have hindered the effectiveness of the RTI Act, such as the delayed hearing of appeals and the casual approach of officers in dealing with RTI queries.

Implications for Information Commissions: The judgment has implications for the functioning of Information Commissions, which have faced issues like vacancies and backlog. As of June 30, 2023, there were 321,000 appeals pending.

Way forward

Moving forward, it’s crucial to strengthen the RTI regime by addressing its current challenges. This involves filling vacancies in information commissions, reducing the backlog of over 321,000 pending appeals, and ensuring compliance with RTI requests, especially from political parties. A committee including various stakeholders can oversee these improvements, aligning with the government’s emphasis on transparency and accountability.

Question for practice:

Discuss the Supreme Court’s recent judgment on electoral bonds and its impact on the Right to Information Act.