Supreme Court Directs ECI to Upload Electoral Bond Data, Issues Notice to SBI for Non-Disclosure of Alpha-Numeric Details

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In a significant ruling, the Supreme Court of India has ordered the Election Commission of India (ECI) to upload data related to Electoral Bonds on its website. The apex court also issued a notice to the State Bank of India (SBI) for its failure to disclose specific details of these bonds.

Legal Point of the Judgment:

The judgment centers on the transparency and disclosure of information pertaining to Electoral Bonds, instruments introduced for political funding. The case raises significant legal questions about the extent of disclosure required by institutions like the ECI and SBI in the interest of electoral transparency.

Background and Issues:

The case originated from an earlier Supreme Court order, mandating the ECI to make public the data about Electoral Bonds. The ECI had submitted this data to the Court but did not retain a copy, necessitating the current directive for digital scanning and uploading of the data.

The issue intensified with the revelation that SBI had not disclosed the alpha-numeric numbers of Electoral Bonds, leading to concerns over the anonymity and transparency of political contributions.

Court’s Assessment:

The Court, led by Chief Justice Dr. Dhananjaya Y. Chandrachud, carefully balanced the need for transparency with procedural requirements. It directed the judicial registrar to ensure digital scanning and returning of the original documents to ECI for compliance.

Further, the Court’s decision to issue notice to SBI and demand the presence of a senior officer signifies its commitment to uncovering the full extent of Electoral Bond disclosures.

Decision: The Court ordered ECI to upload the digitized data by March 17, 2024. Additionally, SBI is required to respond to the notice concerning the non-disclosure of bond details and have a senior officer present for the next hearing.

Date of Decision: March 15, 2024.

Association of Democratic Reforms and Another vs. Union of India and Others,

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