The Supreme Court cannot adopt a hands-off approach by testing the electoral bond (EB) scheme on the restrictive parameters applicable to economic policy, justice Sanjiv Khanna said in his separate judgment that quashed the EB scheme on Thursday, adding that contributions to political parties quintessentially relate to the democratic polity, citizens' right to know and accountability in the democracy.
"To give the legislation the latitude of economic policy, we will be diluting the principle of free and fair elections. Clearly, the importance of the issue and the nexus between money and electoral democracy requires us to undertake an in-depth review...voters' right to know supersedes anonymity in political party funding," held the judge.
In his 74-page judgment, justice Khanna underlined that the right to know is paramount for free and fair elections and democracy because it is access to information that can materially shape the citizens' choice necessary for them to have a say in how their lives are affected.
As political parties are at the helm of the electoral process, including its finances, the judge said that the funding of political parties cannot be treated differently from that of the candidates who contest elections, and therefore, denying voters the right to know the details of funding of political parties would lead to a dichotomous situation.
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