- Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.
Electoral bond scheme
What to study?
- For Prelims: Key features of Electoral Bonds and highlights of the scheme.
- For Mains: Significance of the scheme, benefits and concerns associated.
Context: The Election Commission of India (ECI) has told the Supreme Court that the electoral bonds, wreck transparency in political funding. In its affidavit submitted to the Supreme Court, the EC pointed to the amendments made to key laws, with dangerous consequences.
- Coupled with the removal of cap on foreign funding, electoral bonds invite foreign corporate powers to impact Indian politics.
- Donations received through electoral bonds would cause a “serious impact” on transparency in funding of political parties.
- Amendments would pump in black money for political funding through shell companies and allow unchecked foreign funding of political parties in India which could lead to Indian politics being influenced by foreign companies.
The Election Commission of India has time and again voiced the importance of declaration of donations received by political parties and also about the manner in which those funds are expended by them for better transparency and accountability in the election process.
How govt defends its move?
- Electoral bonds have been introduced to promote transparency in funding and donation received by political parties.
- The scheme envisages building a transparent system of acquiring bonds with validated KYC and an audit trail. A limited window and a very short maturity period would make misuse improbable.
- The electoral bonds will prompt donors to take the banking route to donate, with their identity captured by the issuing authority. This will ensure transparency and accountability and is a big step towards electoral reform.
About Electoral bonds:
What are electoral bonds? Electoral bonds will allow donors to pay political parties using banks as an intermediary.
Key features: Although called a bond, the banking instrument resembling promissory notes will not carry any interest. The electoral bond, which will be a bearer instrument, will not carry the name of the payee and can be bought for any value, in multiples of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh or Rs 1 crore.
Eligibility: As per provisions of the Scheme, electoral bonds may be purchased by a citizen of India, or entities incorporated or established in India. A person being an individual can buy electoral bonds, either singly or jointly with other individuals. Only the registered Political Parties which have secured not less than one per cent of the votes polled in the last Lok Sabha elections or the State Legislative Assembly are eligible to receive the Electoral Bonds.
Need: The electoral bonds are aimed at rooting out the current system of largely anonymous cash donations made to political parties which lead to the generation of black money in the economy.
How will the Bonds help?
The previous system of cash donations from anonymous sources is wholly non-transparent. The donor, the donee, the quantum of donations and the nature of expenditure are all undisclosed
- According to government the system of Bonds will encourage political donations of clean money from individuals, companies, HUF, religious groups, charities, etc. After purchasing the bonds, these entities can hand them to political parties of their choice, which must redeem them within the prescribed time.
- Some element of transparency would be introduced in as much as all donors declare in their accounts the amount of bonds that they have purchased and all parties declare the quantum of bonds that they have received.
- The move could be misused, given the lack of disclosure requirements for individuals purchasing electoral bonds.
- Electoral bonds make electoral funding even more opaque. It will bring more and more black money into the political system.
- With electoral bonds there can be a legal channel for companies to round-trip their tax haven cash to a political party. If this could be arranged, then a businessman could lobby for a change in policy, and legally funnel a part of the profits accruing from this policy change to the politician or party that brought it about.
- Electoral bonds eliminate the 7.5% cap on company donations which means even loss-making companies can make unlimited donations.
- Companies no longer need to declare the names of the parties to which they have donated so shareholders won’t know where their money has gone.
They have potential to load the dice heavily in favour of the ruling party as the donor bank and the receiver bank know the identity of the person. But both the banks report to the RBI which, in turn, is subject to the Central government’s will to know.