Supreme Court Rejects Dalit Panther’s Challenge to Electoral Bonds, Advises Filing a Comprehensive Petition
Last Updated on November 1, 2023 by News Desk
The Supreme Court of India has refused to entertain an intervention application filed by the ‘Dalit Panthers’ party challenging the Electoral Bonds scheme as discriminatory for not allowing parties with small votes to accept the bonds.
The Constitution Bench, comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra, said
The challenge to the scheme on this ground cannot be considered in an intervention application, and it is suggested that the applicant file a separate writ petition.
The Dalit Panther’s legal representative, Advocate PB Suresh, contended that registered political parties could only obtain electoral bonds if they received at least 1% of the vote in the most recent general elections. He drew attention to the scheme’s unfair and nonsensical eligibility requirements for electoral bonds.
A political party ought to receive at least 1% of the vote in an election, but the counsel retorted that this 1% threshold would impede free and fair elections, said J. Gavai.
The CJI acknowledged the party’s grievance but suggested that the broader issue of how election laws impact parties advocating for marginalised causes should be addressed in a separate petition.
Orally stating that the complaint is not specifically about electoral bonds, the CJI suggested that the counsel should file a more comprehensive petition contesting more general election law provisions that negatively affect parties supporting the interests of marginalised people. The CJI assured the counsel that the Supreme Court’s stance would not affect his course of action and expressed understanding of his concerns.
In order to facilitate a more thorough investigation of the concerns brought up by the lawyer, it was suggested that he pursue redress outside of the ongoing electoral bond procedures.
Written by: Srijan Raj @raaj_srijan
