The reasoning and fallout of the electoral bonds verdict

The striking down of the Centre's 2018 electoral bond (EB) scheme by the Constitution bench on Thursday highlights an array of important jurisprudential principles, besides signifying the emphasis the top court places on protection of voters' right to know and the principles of political equality in a democracy.

- Utkarsh Anand

Interestingly, the ruling may be the first significant legal setback for the current central government, which has up until now been able to successfully defend a number of its key decisions, such as demonetisation, the revocation of Jammu & Kashmir's special status, changes to the Prevention of Money Laundering Act, and a new law permitting the extension of the terms of Central Bureau of Investigation and Enforcement Directorate directors.

A closer examination of the 232-page judgment by the Constitution bench details the legal principles considered by the court.

Voters' right to know in a democratic polity under Article 19(1)(a)

The Supreme Court judgment on Thursday held that the right to information about a candidate contesting elections is also applicable to political parties.

The judgment privileges the right to information of the voter, referring to the jurisprudential voyage of the Supreme Court on the subject since 1960s. While the first phase of the jurisprudence on the right to information in India focussed on the close relationship between right and open governance, the court noted, the second phase pursued a rather expansive approach by recognising the importance of information to form views on social, cultural and political issues, and participate in and contribute to discussions.

"Thus, in the second phase, the court went beyond viewing the purpose of freedom of speech and expression through the lens of holding the government accountable, by recognising the inherent value in effective participation of the citizenry in democracy. This court recognised that effective participation in democratic governance is not just a means to an end but is an end in itself," held the bench.