APP Users: If unable to download, please re-install our APP.
Only logged in User can create notes
Only logged in User can create notes

General Studies 2 >> Polity

audio may take few seconds to load

ELECTORAL BOND DATA

ELECTORAL BOND DATA

 
 
 
1. Context
 
The Election Commission of India released the initial set of data on electoral bonds on March 14, 2024, following the Supreme Court's directive. However, this disclosure only presents a partial view of the transactions occurring between various entities and political parties from April 12, 2019, to January 24, 2024. The Supreme Court has now instructed the State Bank of India (SBI) to ensure full transparency by March 21, 2024, including the disclosure of specific details such as the alphanumeric and serial numbers of the Electoral Bonds purchased and redeemed during this period.
 
2. About Electoral Bonds

The electoral bonds scheme is a mechanism for political funding introduced by the Indian government in 2017. It allows individuals, organizations, and corporations to make anonymous donations to political parties. Over 12,900 electoral bonds worth Rs 6,534.78 crore were sold in 15 phases between March 2018 and January 2021.

Key Features of Electoral Bonds

  • Electoral bonds allow donors to make contributions to political parties while maintaining anonymity. The bonds do not carry any information about the donor, ensuring that the identity of the contributor remains undisclosed.
  • Electoral bonds are available in multiple denominations, including Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh, and Rs 1 crore. Donors can purchase bonds in these denominations to contribute to political parties.
  • The State Bank of India (SBI) is the sole authorized bank for the sale of electoral bonds. Donors can buy these bonds from designated SBI branches.
  • Donors must fulfil Know Your Customer (KYC) norms while purchasing electoral bonds, which includes providing their personal information to the bank. However, this information is not disclosed to the political party receiving the donation.
  • Political parties have 15 days to encash the electoral bonds in their verified bank accounts. This ensures that the bonds are promptly converted into funds.
  • There is no limit on the number of electoral bonds an individual or company can purchase, allowing for substantial contributions.
  • If a political party does not encash the electoral bonds within the stipulated 15-day period, the SBI deposits these bonds into the Prime Minister's Relief Fund.
  •  A contentious feature of the scheme is that political parties receiving donations through electoral bonds are exempt from disclosing the source of these donations in their mandatory annual contribution reports to the Election Commission of India (EC).
 

3. The Controversies

  • The primary point of contention with electoral bonds is the anonymity they offer to donors.
  • An amendment to the Finance Act 2017 exempts parties from disclosing donations received through these bonds.
  • This means that voters are unaware of the source and extent of funding for political parties, undermining transparency.
  • Transparency activists argue that the amendment infringes upon the citizen's 'Right to Know' and further reduces the accountability of the political class.
  • While the citizens remain uninformed, the government can access donor details from the State Bank of India, rendering only the taxpayers unaware of the source of donations.

 

4. Importance of Unique Alphanumeric Numbers in Electoral Bonds

  • The State Bank of India (SBI) has meticulously recorded every detail of 18,871 purchases and 20,421 encashments of electoral bonds between April 2019 and January 2024.
  • However, the absence of unique alphanumeric numbers poses a significant challenge, as it limits the ability to attribute specific transactions to individual parties or entities.
  • This limitation results in an estimation of the total amount of electoral bonds purchased by each company or individual, as well as the total amount encashed by political parties, without establishing the precise details of who paid whom and when.
  • The disclosure of unique alphanumeric numbers is crucial due to the recent ruling by the apex court, which has deemed the entire electoral bond scheme as unconstitutional.
  • It is imperative to match the substantial sum of ₹12,155.1 crore worth of electoral bonds purchased by corporate groups, companies, and individuals between April 2019 and January 2024 accurately with the ₹12,769.08 crore total worth of electoral bonds encashed by political parties during the same period.
  • In essence, the public's right to know is paramount. Citizens should have access to information regarding which political party received how much contribution from whom and on which specific date(s).
  • Without linking the purchasers of electoral bonds with the encashers through unique alphanumeric numbers, any further inquiry or investigation into these "unconstitutional" transactions would be significantly impeded.
 
 
5. Information Asymmetry in Electoral Bonds
 
  • The recent disclosure revealing that the BJP accounted for more than 47% of the total amount of electoral bonds encashed has sparked controversy and raised questions about information fairness and transparency in political funding.
  • While the Union Home Minister has tried to deflect attention by pointing out the amounts encashed by other Opposition parties, the issue goes beyond mere numbers.
  • The total amounts encashed by various political parties, as shown in Table 1, do not provide substantial insights or serve as actionable evidence of corruption or malfeasance.
  • To truly understand the potential for quid pro quo arrangements or unethical practices, a deeper analysis of granular details such as the amounts, dates of purchase and encashment, and the identities linked to each electoral bond transaction is necessary.
  • However, the reluctance of the State Bank of India (SBI) to disclose the unique identification numbers of electoral bonds hinders such investigations.
  • The ruling party's strategy appears to be aimed at stalling any meaningful investigation or legal action related to these transactions until the conclusion of the election campaign.
  • This strategy takes advantage of the information asymmetry between the ruling party and other political entities.
  • While the Union Government, as the owner of SBI, has access to the entire electoral bond database, other political parties and the electorate remain in the dark about detailed transactional information. This information imbalance unfairly benefits the ruling party during electoral processes.
  • This situation echoes other instances of data suppression, such as the non-disclosure of politically sensitive data from the caste census conducted during Census 2011.
  • The BJP's alleged utilization of such data for electoral advantage while denying access to the Opposition and citizens underscores the misuse of power through withholding public information and data.
  • Addressing these concerns requires a commitment to transparency and fairness in political funding and information disclosure.
  • Preventing the abuse of power through information asymmetry and data suppression is crucial to upholding democratic principles and ensuring a level playing field for all political actors and citizens.

 

6. Preliminary Analysis of Electoral Bond Data: Potential Malfeasance and Conflict of Interest

The recently disclosed data regarding electoral bond transactions from April 2019 to January 2024 raises serious concerns and warrants a preliminary analysis. The companies and corporate groups that have collectively purchased electoral bonds exceeding ₹100 crore and individuals whose bond purchases surpass ₹5 crore. Several key observations emerge from this analysis:

(a) A significant portion of electoral bonds has been purchased by companies and corporate groups currently under investigation by central agencies like the Enforcement Directorate (ED), Central Bureau of Investigation (CBI), and Income Tax (IT) Department. 19 such entities have collectively invested ₹4,787.3 crore, constituting over 39% of the total amount. This raises suspicion regarding the source and purpose of these substantial contributions.

(b) Noteworthy entities such as Future Gaming, Megha Engineering, M K Jalan group, Vedanta Group, and Haldia Energy Limited (Sanjiv Goenka Group). If a substantial portion of electoral bonds purchased by these entities under investigation is linked to the party in power, particularly the BJP, it could indicate serious conflict of interest issues and potential quid pro quo arrangements.

(c) The largest individual purchasers of electoral bonds are often heads of corporate groups or their employees. This suggests an attempt by corporate entities to obscure their identities by using individual frontmen or making multiple small donations. Such practices raise suspicions of bribery, money laundering, and other forms of quid pro quo, such as influencing project contracts or policy decisions in exchange for political donations.

As the ruling party and the primary beneficiary of electoral bond redemptions, the BJP faces significant scrutiny regarding these transactions. The Modi government's delays in disclosing data and withholding unique alphanumeric numbers of electoral bonds during election campaigns raise questions about accountability and transparency in political funding.

 

7. The Way Forward

Addressing the issues requires a collective effort from the government, judiciary, and civil society to ensure transparency and fairness in political funding. This will strengthen India's democratic processes and prevent potential misuse of political donations.

 

For Prelims: Electoral Bonds, Supreme Court
For Mains: 
1. Examine the controversies surrounding electoral bonds, including the anonymity of donors and the exemption of political parties from disclosing donation sources. How does this impact democratic principles and accountability? (250 Words)

 

Previous Year Questions

1. Consider the following statements: (UPSC 2017)

1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

A. 1 and 2 only          B. 2 only              C. 2 and 3 only                D. 3 only

 

2. With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC CSE 2019)
(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
(c) In the event of a grave financial crisis in the country, the President of India can declare a Financial Emergency without the counsel from the Cabinet.
(d) State Legislatures cannot make laws on certain matters without the concurrence of the Union Legislature.

3. Consider the following statements : (UPSC 2021)

1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
A. 1 only         B. 2 only           C. 1 and 3             D. 2 and 3
 
4. Consider the following statements about Electoral Bond Scheme 2018: (RPSC RAS Prelims 2018)
(A) The aim of this scheme is to bring about transparency in the funding process of political parties.
(B) Only the political parties recognized by the Election Commission which secured not less than one per cent of the votes polled in the last general election to the House of People or the Legislative Assembly of the State shall be eligible to receive the Electoral Bonds.
(C) Electoral Bonds shall be valid for fifteen calendar days from the date of issue.
(D) The Electoral Bond deposited by an eligible political party in its account shall be credited on the same day.
Which of the above statements are correct?
1.  Only (A) and (B)     
2.  (A), (B), (C) and (D)
3. Only (B), (C) and (D)
4. Only (A), (C) and (D)
 
 
5. With reference to the PM CARES Fund, consider the following statements: (AFCAT 27 2022)
I. The amount collected by it directly goes to the Consolidated Fund of India.
II. It can avail donations from the foreign contribution and donations to fund can also avail 100% tax exemption.
Which of the above statements is/are correct?
A. I only            B. II only           C. Both I and II        D. Neither I nor II
 
 
6. The Prime Minister's National Relief Fund is operated by which one of the following bodies?  (CDS 2019)
A. The Prime Minister's Office (PMO)
B. The National Disaster Management Authority
C. The Ministry of Finance
D. The National Development Council (NDC)
 
Answers: 1-D, 2-B, 3- B, 4-2, 5-B, 6-A

Mains

1. In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (UPSC 2018)

2. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. ( UPSC 2022)

Source: The Hindu


Share to Social