12 March 2024 12:54 PM GMT
Senior Advocate Adish C Aggarwala, the President of the Supreme Court Bar Association, has penned a letter to President Droupadi Murmu, urging a halt to the enforcement of the Supreme Court's recent verdict striking down the electoral bonds scheme as unconstitutional.
In a letter sent in the letter head of the All India Bar Association, of which he is the chairman, he stated :
Aggarwala has requested a presidential reference on the issue, advocating for a rehearing of the entire matter in the interest of 'complete justice' for “the Parliament of India, political parties, corporates and the general public.”
On February 15, a Supreme Court constitution bench declared the government's electoral bonds scheme unconstitutional, holding that the anonymous character of electoral bonds violated the right to information protected under Article 19(1)(a) of the Constitution. Alongside this, the court directed the issuing bank, i.e., the State Bank of India (SBI) to disclose details of contributions received by political parties through electoral bonds, with a deadline set for March 6, 2024. However, days before the deadline, the SBI sought an extension until June 30, citing the complexity of the data compilation process.
This request was categorically denied yesterday in a five-judge bench hearing. Holding that all the requisite information was sufficiently available with the SBI allowing it to comply with the direction for disclosure, the apex court instructed the bank to reveal the necessary details by the close of business hours today, enabling the Election Commission of India (ECI) to make the information public by March 15.
Aggarwala, in his letter, has however argued that the electoral bonds scheme, while declared unconstitutional by the Court, was legal and valid when the contributions were made. He contends that the donors, comprising corporate entities, followed a lawful mechanism provided by the government and Parliament of India.
The letter further points out the potential consequences of revealing the identities of corporate donors and their contributions to political parties. Aggarwala warns of the risk of victimisation and harassment that these corporate entities may face if their details are made public –
He argues that such disclosure could have a 'chilling effect' on corporate donations, dissuading foreign entities from participating in India's democratic process.
On these grounds, the SCBA president has cited Article 143 of the Constitution, which grants advisory jurisdiction to the Supreme Court and allows the President of India to seek the court's opinion on matters of public importance. Aggarwala's letter urges President Murmu to withhold the enforcement of the Supreme Court's verdict and seek a presidential reference on the electoral bonds case, stressing the need for a thorough rehearing of the matter to ensure complete justice to all stakeholders involved.
"I, therefore, request your goodself to withhold the enforcement of the Hon'ble Supreme Court judgment in the Electoral Bonds case by seeking a Presidential Reference on the matter. Till the Reference is heard and answered, the Hon'ble Supreme Court shall not give effect to its verdict of March 11, 2024," he stated.
It is clarified that this letter has been written on behalf of the All India Bar Association (AIBA), and not the Supreme Court Bar Association.
UPDATE On March 13 - SCBA Executive Committee Condemns President Adish Aggarwala's Letter Asking To Withhold Enforcement Of Electoral Bonds Verdict
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