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Provisions of electoral bonds are unconstitutional- SC

In a recent development the honourable SC has held that electoral bonds are unconstitutional. The court also made some observations regarding section 182 of Companies Act. This section was amended to go away with the liability to disclose the name of donee. The corporates were allowed to make political contribution upto 7.5% of their profits. Earlier they were also required to disclose the name. But via an amendment in that provision the requirement to disclose the name was removed.

The provisions of electoral bonds were introduce recent years. The person wants to contribute to any political party can do it via electoral bonds. In this way the identity of donor can be preserved. But the court said that this is against the constitution. This breaches the right to information. Citizen have the right to know the information regarding the political donations.

The case where all these observations were made is Association for Democratic Reforms & Anr. v. Union of India & Ors. | Writ Petition (Civil) No. 880 of 2017.

Author can be reached at shaifaly.ca@gmail.com

Profile photo of CA Shafaly Girdharwal CA Shafaly Girdharwal

CA

New Delhi, India

CA Shaifaly Girdharwal is a GST consultant, Author, Trainer and a famous You tuber. She has taken many seminars on various topics of GST. She is Partner at Ashu Dalmia & Associates and heading the Indirect Tax department. She has authored a book on GST published by Taxmann.

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