The Supreme Court in the case Association for Democratic Reforms And Anr. v. UoI observed and has listed the batch of petitions, wherein challenging the Electoral Bonds scheme on 11.04.2023 to decide if the matter should be referred to Constitution Bench.
The bench comprising of CJI DY Chandrachud and Justice PS Narasimha was hearing the present matter.
Therefore, the letter was being circulated during the hearing on behalf of the Union of India seeking time for filing a counter affidavit.
It has been noted by the bench that the matter could be listed on 02.05.2023 for final disposal.
The counsel, Advocate Shadan Farasat, appearing for a petitioner submitted before the court wherein requesting the bench that the matter should be heard by a Constitution Bench owing to its impact on the democratic polity and for the funding of the political parties. Adding to it, he stated that the matter required an “authoritative pronouncement by the court”. This request has also been supported by Senior Advocate Dushyant Dave. It has also been requested by him to the bench to advance the hearing to April, wherein considering that the Karnataka assembly elections are due in the month of May.
The bench headed by CJI DY Chandrachud stated that the court is to hear the matter on 11.04.2023, and to if the matter should be referred to the constitution bench.
However, court also bifurcated the batch of petitions which are filed into three sets and the court decided to hear the plea separately.
It has also been noticed by the court that the petitions could be divided in three distinct sets raising the following issues–
1.The challenge for the Electoral Bonds Scheme.
2. Whether the political parties should be bought and the same being within the purview of the Right to Information Act, 2005; and
3.The challenge made to the amendment to the Foreign Contribution Regulation Act, 2010 which being through the Finance Act of 2016 and of 2018.
The court observed that the first batch of petitions filed wherein pertaining to the challenge to electoral bond scheme which was decided to be heard in March 2023, and the second batch, wherein dealing with plea filed to bring the political parties within the purview of RTI Act, and the third batch petitions concerning the FCRA Amendments was also being listed in the month of April 2023.
In the present case, the petitions have been filed by political party Communist Party of India (Marxist), and the NGOs Common Cause and Association for Democratic Reforms, ADR, wherein challenging the scheme as an obscure system of funding which is being unchecked by any authority. Thus, the petitioners voiced of the apprehension that the amendments to Companies Act 2013 will lead to the interest of private corporate taking precedence over the needs and rights of the people of the State in the policy considerations.
