A Day of Giants and Inspiration

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3rd January 2025 

Tick-tick, the clock struck 10:45 AM, and I found myself rushing through the corridors of the Supreme Court of India, flanked by my mentors and the ever-commanding presence of Advocate Rohit Pandey Ji. He walked with a heroic aura, his strides radiating confidence and authority that seemed to part the sea of people in the court.

But, as life often does, it threw in a delightful twist. On the bustling path, I stumbled upon Advocate Pawan Reley Ji, stepping out of his sleek, charismatic Lexus—a car that, much like the man himself, oozed inspiration. His journey had always been one I admired, and seeing him in person reignited that spark.

Me:- “Hello, Sir. Good morning!”

 (I greeted him, trying to catch my breath.)

He:- responded with a firm handshake, his phone glued to his ear. “Hey!” he said with a smile, briefly breaking his conversation.

Me:- Sir, I’ll catch up later. I’m in a rush to reach the court.

He:- Yes, yes, go ahead!” he replied graciously, his voice carrying the weight of understanding.

Back on track, I sprinted into the Supreme Court lobby, a space teeming with the essence of legal brilliance. And then, like a dream, I saw them—the legends whose names resound across India’s legal landscape.

There was the G.O.A.T., Advocate Kapil Sibal, exuding quiet brilliance; Advocate Abhishek Manu Singhvi, the epitome of eloquence; Advocate Dushyant Dave, with his unyielding fire; Advocate Prashant Bhushan, the voice of conscience; and the Solicitor General of India, Advocate Tushar Mehta, walking with a calm demeanor, his presence alone commanding reverence.

Unlike the rest of us, they moved with no rush. Their every step seemed to echo the weight of their achievements and the gravity of their influence. Observing them felt like standing in the presence of titans—an unshakable reminder of why I chose this path.

As I hurried towards the courtroom, my heart raced, not just from the run but from the sheer inspiration that filled the air. Today was not just another day at the Supreme Court; it was a day where giants walked beside us, reminding me of the endless heights I could aspire to reach.

Revisiting Justice: The Pune Juvenile Case and Road Safety

    

This blog is written by Pratyush Pratap Singh, from the University of National forensic science University , School of Law. In this As the juvenile in question awaits the outcome of the legal proceedings, this case serves as a catalyst for broader discussions on the enforcement of traffic laws, the role of guardians in instilling road safety, and the need for stringent measures to deter dangerous driving behaviors. It is a call to action for society to collectively work towards safer roads and a more responsible driving culture. Let this be a lesson that guides us towards a future where such tragedies are averted through education, awareness, and accountability.

 Revisiting Justice: The Pune Juvenile Case and Road Safety

In the wake of a tragic car accident in Pune, the Juvenile Justice Board’s decision to cancel the bail of a 17-year-old involved in the fatal incident has sparked a significant conversation about juvenile justice and road safety.

The Incident and Its Aftermath

In the early hours of May 19, a Porsche car, allegedly driven by an intoxicated 17-year-old, struck and killed two motorbike-borne software engineers in Kalyani Nagar, Pune. The initial grant of bail to the teenager was met with public outcry, leading to a review and subsequent cancellation of the bail. The police’s request to treat the minor as an adult due to the heinous nature of the crime underscores the gravity of the situation.

Charges and Legal Implications

The charges against the minor are severe and include:

·         Culpable homicide not amounting to murder (IPC section 304)

·         Causing death by negligence (IPC section 304 A)

·         Rash driving (IPC section 279)

·         Causing hurt by an act endangering human life (IPC section 337)

·         Causing grievous hurt by an act endangering life or personal safety (IPC section 338)

·         Relevant sections of the Motor Vehicles Act

The Motor Vehicles Act, 1988 contains provisions relevant to rash driving, especially concerning juveniles. Section 279 addresses rash or negligent driving on public roads. It stipulates that individuals operating vehicles without due care and attention can be charged. Punishments include imprisonment for up to six months, a fine of up to ₹500, or both. A "public way" encompasses roads accessible to all, connecting towns or leading to them.

Another pertinent section is 304A, which concerns causing death by negligence. It encompasses any negligent act, not solely limited to driving, resulting in death. The accused can be liable even without a guilty mind, as mere negligence without due care is adequate for liability. Both Sections 279 and 304A require the accused's actions to be rash and negligent.

Recent amendments to the Act have intensified penalties for rash driving. Fines for such offenses now range from ₹1,000 to ₹5,000. Driving without a license incurs a ₹5,000 fine, previously ₹500. Juveniles are now tried under the Juvenile Justice Act, with guardians facing severe penalties such as cancellation of vehicle registration, a fine of ₹25,000, and imprisonment for up to three years. Additionally, for offenses committed by juveniles, vehicle registration is canceled for 12 months, and they are barred from obtaining learner's or driving licenses until they reach 25 years of age

These charges reflect the serious consequences of reckless driving and the legal system’s response to such actions.

The Role of Parents and Guardians

The arrest of the boy’s father under the Juvenile Justice Act for allowing his underage son to drive highlights the crucial role that parents and guardians play in preventing such incidents. It is a stark reminder that the responsibility for ensuring young drivers understand and respect the rules of the road begins at home.

A Call for Responsible Driving

This incident is a harrowing reminder of the importance of responsible driving. It is imperative for all individuals, especially young drivers, to recognize the potential consequences of their actions behind the wheel. Adhering to traffic rules and prioritizing safety can prevent the loss of life and the ripple effects of grief and legal repercussions that follow.

As the juvenile in question awaits the outcome of the legal proceedings, this case serves as a catalyst for broader discussions on the enforcement of traffic laws, the role of guardians in instilling road safety, and the need for stringent measures to deter dangerous driving behaviors. It is a call to action for society to collectively work towards safer roads and a more responsible driving culture. Let this be a lesson that guides us towards a future where such tragedies are averted through education, awareness, and accountability.

 

The Legal Drama: Jackie Shroff's Fight for Personality Rights

 

                        The Legal Drama: Jackie Shroff’s Fight for Personality Rights

This blog is written by Pratyush Pratap Singh, from the University of National forensic science University, School of Law. In this The Legal Drama In the digital age, where technology blurs the lines between reality and virtual existence, the concept of personality rights gains paramount importance. These rights safeguard an individual’s unique attributes, such as their name, image, voice, and likeness, from unauthorized exploitation. Recently, the Delhi High Court took a significant step in protecting these rights in the case of Jaikishan Kakubhai Saraf alias Jackie Shroff v The Peppy Store & Ors.

Prologue: The Digital Dilemma

In a world where reality blurs with the digital, the courtroom becomes the battleground for a fundamental right: the right to one's own identity. The characters? A Bollywood legend, a national leader, and an insidious AI technology capable of creating perfect imitations. This is a tale of justice, technology, and the fight to preserve the essence of individuality. In an era where technology intertwines with everyday life, the fine line between public persona and private identity often blurs. This story unfolds in the bustling city of Delhi, where the digital age’s rapid advance has led to a groundbreaking legal battle. Jackie Shroff, a veteran Bollywood actor known for his rugged charm and distinctive voice, becomes the protagonist in a courtroom drama that highlights the significance of personality rights.

Chapter 1: The Discovery

Renowned Bollywood actor Jackie Shroff was scrolling through his social media feed when he stumbled upon a video that left him in shock. His face, his voice, but the words were not his. The video, created by an AI deepfake technology, depicted him endorsing a controversial product. His blood boiled as he realized the extent of the violation of his personality rights. This wasn't just about his reputation; it was about his very identity.

Chapter 2: The Legal Crusade Begins

Jackie immediately contacted his legal team. The perpetrators, an obscure company called "The Peppy Store," had not only used his image without permission but had also created AI-generated deepfake videos and voiceovers, turning his persona into a commercial puppet. The Delhi High Court was about to witness a landmark case in the making: Jaikishan Kakubhai Saraf alias Jackie Shroff v The Peppy Store & Ors.

Chapter 3: The Defense and the Offense

In the courtroom, the defense argued the fine line between artistic expression and blatant exploitation. They claimed their creations were transformative, an homage rather than theft. But Jackie's team was prepared. They showcased the extent of the misuse: AI chatbots mimicking his voice on social media, his likeness plastered across e-commerce platforms, and deepfake videos that blurred reality for millions of unsuspecting viewers.

Chapter 4: The Precedent of Privacy

The courtroom was electric with anticipation. Jackie's lawyers argued that the digital age required robust protection of personality rights. They cited previous judgments and emphasized the need for a clear precedent. The judge, recognizing the gravity of the situation, issued a powerful statement:

"Being a celebrity grants certain rights concerning an individual's personality and associated attributes. Unauthorized exploitation, especially in the digital realm, cannot be tolerated. "The court ruled in favor of Jackie, restraining social media accounts, AI chatbots, and e-commerce websites from using his identity for commercial purposes without explicit consent.

Chapter 5: The Broader Impact

News of the verdict spread like wildfire. Among those paying close attention was Prime Minister Narendra Modi, whose image and voice had also been manipulated by deepfake technology in the past. The implications of the ruling were profound, offering a shield to public figures against the unauthorized use of their identities. The Landmark Judgement After days of intense deliberation, the Delhi High Court delivered its verdict. The judgment was clear and unequivocal: Jackie Shroff’s personality rights had been violated. The court recognized his celebrity status and upheld his rights to control his name, image, and voice. The judgment also struck a balance between protecting personality rights and preserving freedom of expression. While the court upheld Jackie's rights, it refused to take down a YouTube video titled "Jackie Shroff is Savage," acknowledging its artistic expression.

Chapter 6: The Future of Legal Tech

This case wasn't just about Jackie Shroff; it was a clarion call for the legal community to adapt to the evolving digital landscape. Legal technology emerged as a crucial ally in this battle, providing tools to detect and prevent the misuse of identities. For celebrities and public figures, the ruling offered a renewed sense of control over their personas.

Epilogue

As Jackie Shroff walked out of the courtroom, he felt a wave of relief. His victory wasn't just personal; it was a triumph for everyone whose identity was at risk in the digital age. He knew that the fight wasn't over, but this was a significant step in the right direction. The digital doppelgangers had met their match in the form of the law. Prime Minister Modi, observing the case closely, felt a sense of reassurance. The legal system was ready to tackle the challenges posed by technology, ensuring that the essence of individuality remained protected. In the end, justice had prevailed, marking a new chapter in the protection of personality rights. In a rapidly changing digital world, the protection of one's identity is paramount. The Jackie Shroff case sets a crucial precedent, ensuring that no one, regardless of their celebrity status, falls victim to digital impersonation without recourse. This legal drama serves as a reminder of the enduring power of justice in the face of technological advances.

References

• Delhi High Court protects personality rights of Jackie Shroff. Bar and Bench. Link
• Why Celebrities Are Seeking Legal Protection For Their Personality Rights. NDTV. Link
• Jackie’s personality rights case: Court stops AI tools from using Jackie’s attributes. Times of India. Link
• Delhi HC Passes Order To Protect Jackie Shroff Personality Rights. Medianama. Link

 

Daughter have coparcenary rights even if their father was not Alive . cases analysis

This blog is written by Pratyush Pratap Singh, from the University of National forensic science University , School of Law. In this blog discusses the historical aspect of the Hindu Succession Act and the changes brought by the 2005 Amendment, thereby providing various case laws to establish the prolonged change in the patriarchal society in relation to daughter’s equal rights. 

Introduction 

The Constitution of Indian provides the equal rights for both men and women in all respect even in property also because it was the real intention of the framers of our Constitution and specifically Dr. B. R. Ambedkar worked a lot in this regard. In 2020, the rights of daughter to be a coparcener in Mitakshara coparcenary has been given equal to that of a son by the Supreme Court of India. The codification of Hindu law and particularly women's rights were taken care of, and attempts were made to remove the anomalies and unscrupulous practices by the steps taken under able leadership of India’s 1st Law Minister Babasaheb Dr. Bhimrao Ramji Ambedkar from 11th April 1947 to 27th September, 1951. After the independence, necessity was by felt Babasaheb Dr. Bhimrao Ramji Ambedkar to give the Constitutional imperatives to bring about equality of status and later on it was codified as the Hindu Succession Act, 1956 which has been amended from time to time till the Hindu Succession (Amendment) Act, 2005. Section 6 of the Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act, 2005 interpreted by the full bench of Supreme Court of India in Vineeta Sharma v. Rakesh sharma & ors., (2020). Therefore, in this paper we have to discuss pre-constitutional position of traditional and religious values with historical perspective of the concept, the Hindu Code Bill, post-constitutional position, the Hindu Succession Act, 1956, the Hindu Succession (Amendment) Act, 2005, Though the women had an ‘absolute ownership’ over their own property, they could not claim coparcenary rights over the ancestral property. This made the Act to be outrightly discriminatory towards women based on their gender and oppressed their fundamental right to equality enshrined under Article 14 of the Indian Constitution.  Outcome of amplification of daughter’s rights and some judicial interpretations with respect to Daughters Equal Right in the Coparcenary Property will be discussed for brief analysis in this vakeelgiri blog.

Hindu succession Act 1956

The Hindu Succession (Amendment) Act, 2005 provided the daughters of a coparcener with the same rights in the coparcenary property as the son. The objective behind the amendment was to change the patriarchal mindset, remove gender discriminatory provisions in the Hindu Succession Act of 1956 and provide equal status to the son and the daughter of a Hindu in matters relating to inheritance to coparcenary property. While this amendment brought changes in recognizing the daughter’s rights.

The Hindu Succession (Amendment) ACT, 2005 

Section 6 of the HSA, 1956 after the substituted provision by the Amendment Act, 2005 is extracted hereunder: 

Sec. 6. Devolution of interest in coparcenary property:- 

 On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,- 

 by birth become a coparcener in her own right in the same manner as the son;  have the same rights in the coparcenary property as she would have had if she had been a son

be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to  include a reference to a daughter of a coparcener.

Hindu Succession (Amendment) Act, 2005. This amendment allows daughters the same rights and liabilities as sons in a Hindu undivided family's property. Here are some key points about daughters' coparcenary rights:

• Equal Rights: Daughters are now considered coparceners by birth in their own right in the same manner as sons.
• Retrospective Effect: The Supreme Court of India has clarified that daughters have coparcenary rights by birth, even if the father died before the 2005 amendment came into force.
• Marriage Does Not Affect Rights: A daughter's coparcenary rights are not affected by her marriage, and she remains a coparcener throughout her life.
• Inheritance: Upon the death of a daughter, her share in the coparcenary property will pass by succession to her legal heirs.

What are the coparcenary rights?

 A coparcener refers to a person who has the capacity to assume a legal right in their ancestral property by birth. Here are some key points about coparcenary rights:

• Joint Ownership: Coparcenary entails the joint ownership of ancestral property by all the male descendants of a common ancestor. Each coparcener has an undivided interest in the property, irrespective of their age or birth order.
• Rights by Birth: In the Mitakshara school of Hindu law, the right to ancestral property arises by birth.
• Role of Karta: The head of the coparcenary is called the Karta. The Karta has certain rights in the

Any coparcener can at any time seek a partition of his/her share. The continuing coparceners can choose to buy out the share of the said coparcener by exercising the right of ‘pre-emption’.

A coparcener can also sell/gift away his interest to another coparcener or even a third party.

In cases of legal necessity/benefit of estate when the karta chooses to alienate joint family property, it can be challenged by the continuing coparceners as not being for legal necessity or benefit of estate within 12 years of knowledge of sale/gift.

Daughter have an Absolute ownership ?

Yes, daughters have the same coparcenary rights as sons, including absolute ownership, in the ancestral property of a Hindu Undivided Family (HUF). This was affirmed by the Supreme Court of India in the landmark judgment of Vineeta Sharma vs. Rakesh Sharma on August 11, 2020.

Most significantly, the Hon'ble Apex Court has clarified that irrespective of a coparcener father being alive or not on or before the Hindu Succession (Amendment) Act, 2005, a daughter would be entitled to a share in coparcenary property in the same manner as a son simply by virtue of: 

(i) her birth; and

 (ii) her being alive as on the date of coming into force of the 2005 Amendment.

Important cases;

The court had earlier given two contradictory judgements in two cases

Prakash and Ors v. Phulavati and Ors, 2016

In Prakash v. Phulavati and Ors., 2016, the Supreme Court held that the Amendment Act was prospective in nature. Hence, from the passing date of the Amendment Act, the daughters would be coparceners and have an equal share same as that of sons in a joint Hindu family property. The following points should be noted from this case:

The daughter must live in 2005 in order to claim a share in the joint Hindu family property.

In case, if the daughter dies before the enactment of this amendment act, her legal heir cannot claim a share in the joint Hindu family property.

The daughter’s father should also be alive during the time of the enactment in order to provide an equal status in the coparcenary property.

The amendment act would not affect the alienation or disposition or transfer of any joint family property or a registered partition before the amendment act and it would not be affected by the daughter’s claim as a coparcener in the joint Hindu family property after 2005 Amendment. 

Lokmani v. Mahadevamma & Ors., 2016

In the case of Lokmani v. Mahadevamma, 2016, the High Court stated that Section 6 of the amended HSA is given retrospective effect as when the daughters were denied right in the coparcenary property, pending proceedings and appeals re to be now decided as per the amended provisions and inequality has been removed. The High Court also stated that the oral partition and unregistered partition deeds are removed from the definition of ‘partition mentioned in the amendment Section 6(5) of HSA.

Danamma v. Amar, 2018

In this case, the Hon’ble Supreme Court of India stated that if the father is a coparcener who passed away before 9th September 2005 and a prior suit has been pending for partition by a male-coparcener, then the female coparceners are entitled to a share. 

The court observed that the provisions of Section 6 of the Amendment Act, are operational in a retrospective manner and they confer absolute rights upon the daughter to be coparcener since birth. This decision was in contrast to the judgement given in the Phulavati case. Thus, both the aforementioned judgments conflicted with each other and gave rise to a divergence of questions regarding the coparcenary rights of a daughter in inheriting the coparcenary property of her deceased father. This led to the grant of appeal in the Hon’ble Supreme Court of India. 

Landmark case of daughter’s right to property

 Vineet Sharma v. Rakesh Sharma & Ors., 2018

A 122-page judgement was given by the Hon’ble Supreme Court of India for this particular case. The court stated that women have been subjected to historical injustice when it comes to being a coparcener and they must be given equal rights irrespective of the prospective or retrospective application of the Amended Act, 2005. 

Section 6(1)(a) of the Amendment Act, 2005 explains about the birthright of a coparcener i.e ‘unobstructed heritage’ under Mitakshara coparcenary to inherit the property. The court opined that the coparcener has a right over the ancestral property by birth and hence it is not essential for the father(coparcener) to be alive as on the date of the amendment. It is so because the coparcenary rights conferred by the daughter are by her birth, not by obstructed heritage. Thus, the concept that the father (coparcener) and daughter must be alive on the date when the Amendment Act,2005 came into force as laid down in the Phulavati’s case was overruled.

The Hon’ble Supreme Court of India held that Section 6 of the Amendment Act, 2005 shall be applied retroactively. Explaining the concept of retroactive application of the Amendment Act, 2005, the court held that the said Act enables women to have the benefit of succession based on her birth. 

Through this case, it was ruled that daughters have an equal right in the coparcenary property same as the son, even if the father died before the enactment of the Hindu Succession (Amendment) Act, 2005. 

It also held that the rights under the said amendment apply to living daughters of living coparceners as on 9th September 2005, irrespective of the date of birth of the daughter. 

Conclusion

The Hindu Law regarding the succession of the property was first codified by the Hindu Succession Act, 1956. It dealt with the devolution of interest of the ancestral and self-acquired property of a Hindu dying intestate. The said Act, however, was discriminatory on the grounds of gender inequality and the oppression of the fundamental right to equality enshrined under Article 14 of the Indian Constitution. It conferred coparcenary rights only upon the lineal male descendants of the family and excluded women from having such rights. The reason for such exclusion was that someday the woman will get married and become a part of her husband’s family. Coparcenary property under the Hindu Law means the property which has been inherited by a Hindu from his father, grandfather or great-grandfather. The discriminatory approach towards the gender of a woman and the oppression of her fundamental rights called for an amendment of the Hindu Succession Act, 1956. Accordingly, Section 6 of the said Act was amended and it came to be known as the Hindu Succession (Amendment) Act, 2005. This amendment enabled women to become the coparceners same as their male counterparts. The Amendment Act, 2005, created ambiguity regarding the application of the provisions under it. It was unclear as to how the interpretation of law must be done due to two conflicting cases. The Phulavati’s Case of 2015 and the Danamma’s Case of 2018. The question was whether the Amendment Act, 2005 was applicable in a retrospective manner and whether the father (coparcener) and daughter must be alive on the date when the Amendment Act,2005 came into force. The case of Vineeta Sharma v Rakesh Sharma answered both these questions. The Hon’ble Supreme Court of India held that daughters have an equal right in the coparcenary property same as the son, even if the father died before the enactment of the Hindu Succession (Amendment) Act, 2005. It further held that the rights under the amendment apply to living daughters of living coparceners as on 9th September 2005, irrespective of the date of birth of the daughters. Women have been subjected to historical injustice due to the unavailability of their coparcenary rights and the ambiguity of the interpretation of those rights. The verdict given by the Hon’ble Supreme Court of India in the case of Vineeta Shama v Rakesh Sharma is a step towards gender justice and gender equality.  However, it took a long time for the evolution to take place regarding the coparcenary rights of women under the Hindu Law. 

References ;

• http://egazette.nic.in/WriteReadData/1956/E-2173-1956-0038-99150.pdf
• daughters equal right in the coparcenary property in India https://www.lawjournals.org/assets/archives/2021/vol7issue1/7-3-28-954.pdf
• Hindu Succession(Amendment)Act,2005. https://www.bing.com/ck/a?!&&p=339dc85a61abd0c7JmltdHM9MTcxNDY5NDQwMCZpZ3VpZD0yY2QyOTU5Zi00ZWY3LTZlYjItMzUxNC04MTk2NGZmMTZmMjkmaW5zaWQ9NTUxNw&ptn=3&ver=2&hsh=3&fclid=2cd2959f-4ef7-6eb2-3514-81964ff16f29&psq=topics+on+daughter+corparcenar+rights&u=a1aHR0cHM6Ly93d3cuc2Njb25saW5lLmNvbS9ibG9nL3Bvc3QvMjAyMC8wOC8xMS9kYXVnaHRlcnMtaGF2ZS1jb3BhcmNlbmFyeS1yaWdodHMtZXZlbi1pZi1wYXJlbnRzLWRpZWQtYmVmb3JlLXRoZS1oaW5kdS1zdWNjZXNzaW9uLWFtZW5kbWVudC1hY3QtMjAwNS1jYW1lLWludG8tZm9yY2Uv&ntb=1
• Absolute ownership https://old.wirc-icai.org/images/material/DAUGHTERS-RIGHT-IN-PROPERTY-HUF-vimalp.pdf 
• Prakash and Ors v. Phulavati and Ors, 2016 https://indiankanoon.org/doc/48991214/
• Lokmani v. Mahadevamma & Ors., 2016 https://indiankanoon.org/doc/55762164/
• the amendment Section 6(5) of HSA https://indiankanoon.org/doc/111238562/ 
• Danamma v. Amar, 2018 https://www.escr-net.org/caselaw/2018/danamma-suman-surpur-another-v-amar-others-civil-appeal-nos-188-189-2018
•  Vineet Sharma v. Rakesh Sharma & Ors., 2018 https://indiankanoon.org/doc/177171780/

SC Verdict on electoral Bonds scheme

 

                                                  SC Verdict on electoral Bonds scheme

       SC Verdict on electoral Bonds scheme

Introduction

Electoral bonds were introduced by the Modi government as an alternative to cash donations made to political parties but the instrument is now at the center of a controversy over allegations that it is not only skewed towards the ruling party but flouts the concept of free and transparent elections. According to the report given by the Association for Democratic Reforms also known as ADR for the financial year 2019, political parties have declared income/donations worth Rs 1, 931 crores through these bonds. The Bharatiya Janata Party received around 75 percent of the donations which is Rs 1,451 crores while the congress received around 20 percent of the donations i.e. Rs 383 crore and TMC received 5 percent of the donations i.e. Rs 97 crore.

The donations and funds are the primary sources of income for the groups. The BJP and Congress registered a high concentration of donations in their profits, with donations accounting for nearly 97 per cent, 60.08 per cent respectively of their profits. The BSP stated that most of its revenue came from bank interest while the revenue from fees and subscriptions came from Communist Party of India’s (Marxist) interest. Research by ADR shows that income for BJP increased by 134.59 per cent during this time, while income for Congress increased by 360.97 per cent. TMC’s revenue soared by an incredible 3,628.47 per cent, which is the largest income rise for any party in the century.

Functioning of the Electoral Bond Scheme

 The State Bank of India (SBI) issues electoral bonds in the months of January, April, July and October.

The electoral bonds are available in denominations from Rs 1,000 to Rs 1 crore. The donors can buy electoral bonds and transfer them into the accounts of the political parties as a donation. The name of the donor is kept confidential.  Political parties create a specific account. This account is verified by the ECI. The political parties encash the electoral bonds only in this verified account. The bonds remain valid for 15 days. Within that time, the political parties have to encash the electoral bond in the designated accounts.

SC Verdict 

The electoral Bonds scheme was held as “unconstitutional” in a unanimous judgment by the five-judge bench of Supreme Court (SC) headed by the CJI, which was examining the legality of the electoral bonds scheme. SC held that anonymous electoral bonds are violative of right to information and Article 19(1)(a).

Along with the Electoral Bonds Scheme (EBS), the Supreme Court struck down amendments in the The Representation of the People Act, 1951 (RPA), The Income-tax Act, 1961, and The Companies Act, 2013, which were brought to facilitate corporate donations to political parties.

Issues

Issue 1: Impact of Electoral Bond Scheme on Right to Information

Supreme Court’s Decision: The Supreme Court determined that the electoral bond scheme undermines the right to information protected under Article 19(1)(a), which upholds the freedom of speech and expression.

Court’s Reasoning: The court recognized a significant link between financial contributions and political influence. Since monetary donations can lead to increased access to lawmakers and the potential for reciprocal agreements, such as policy favors, the court emphasized that economic disparities can lead to political imbalances. Consequently, transparency in political party financing is crucial for informed voting decisions.

Issue 2: Limiting Black Money vs. Right to Information

Supreme Court’s Verdict: The Supreme Court clarified that the right to information can be limited only for reasons listed under Article 19(2), which outlines acceptable constraints on freedom of speech and expression. The article does not consider the reduction of black money in electoral funding as a valid restriction.

Court’s Logic: The court found that the limitations imposed by the electoral bonds scheme on the right to information did not pass the proportionality test established in the KS Puttaswamy verdict concerning the right to privacy. The court held that curtailing the right to information to combat black money in electoral funding was not a justified trade-off.

Issue 3: Donor Privacy vs. Right to Information

Supreme Court’s Ruling: The court ruled that the right to privacy regarding political donations does not cover corporate contributions that might be made with the intent to sway policy-making. This right is reserved for donations that represent genuine political support.

Court’s Explanation: The court argued that substantial corporate donations should not obscure the motives behind financial support from other segments of society, ensuring that the reasons for such contributions remain transparent.

Issue 4: Whether unlimited political contributions by companies are unconstitutional

SC Verdict-The court held that the amended section 182 (3) of the companies act 2013 as unconstitutional, as it is violative of Art 14. This amended section permitted unlimited political contributions by companies.

SC Rationale- Contributions made by companies are purely business transactions made with the intent of securing benefits in return. The ability of companies to influence the political process through contributions is much higher compared to individuals.

Why Are Electoral Bonds Unconstitutional?

The court held that the scheme violates:

The right to information: By hiding the source of funding from the public, it infringes upon the fundamental right under Article 19 (1) (a).

The principle of equality: It discriminates between political parties based on their vote share, favoring ruling and major opposition parties while excluding smaller and regional ones.

The constitutional aim of curbing corruption: The scheme goes against the goal of transparency and disclosure in political funding

Conclusion

A clean & transparent electoral funding process is vital to ensure a fair electoral democracy. Most developed countries in the West have robust mechanisms to ensure transparency in their political systems. As India aspires to emulate the West by setting the ambition of achieving developed country status by 2047, it must aspire for similar standards of transparency in the political sphere. Cleaning up electoral finance can be the first step in this regard.  Political parties has created a negative effect over the Electoral Bond Scheme, as the general public would never know about who is donating and who is not.

But if the Identities are disclosed, then it will become a danger for the Donors as they might face problems from the opposite parties who they did not donate to. Now the main thing the government needs to examine is the effect of keeping the Electoral Bond Scheme. If the Electoral bonds are well regulated and do not tilt towards  one political party or are free from any other problem, then this Scheme will be deemed successful, but if there happens to be such acts like illegal lobbying or corruption, this will make the regulation of donations given in elections worse than before. The government has to think about a new scheme which would not only help in transparent political elections but also go hand in hand with democracy and in the interest of the general public as the elections are held to form a government for the welfare of the general public of the country.

Refrences

1. https://forumias.com/blog/electoral-bonds-scheme-explained-pointwise/

2. https://timesofindia.indiatimes.com/india/lok-sabha-elections-2024-electoral-bonds-explained-transparency-and-anonymity-in-political-funding/articleshow/108646815.cms

3. https://blog.ipleaders.in/legality-electoral-bonds/

Yours in logic and legalese,

Pratyush Pratap Singh

Contact me.

pratyushpratapsingh36@gmail.com

ABOUT ME

I am PRATYUSH PRATAP SINGH a passionate and driven Law student at the National Forensic Science University, dedicated to pursuing a career in the legal field with a focus on promoting justice and advocating for societal change.

I am a proud graduate of Sri Aurobindo College, University of Delhi, where I honed my critical thinking and analytical skills. Currently, I am immersed in the diverse and challenging curriculum at the National Forensic Science University, delving into the intricacies of law and its application.

 Pro Bono & Legal Aid Advocate: As a member of the Pro Bono & Legal Aid Clinic, I actively engage in providing legal assistance to those in need, contributing to the cause of access to justice for all. This experience has reinforced my commitment to making a positive impact through the legal profession.

Certificate in International Air & Space Law: I hold a certificate in International Air & Space Law, showcasing my interest and expertise in this specialized area of law.

 My practical experience in political & Historical research, legal news has further enriched my ability to delve into diverse topics, including Ancient Hindu Legal System, Mesopotamian Legal System, Evolution of Indian Law, elections, reservation roster schemes, and governmental policies. I have successfully navigated through the intricacies of these subjects, conducting thorough analyses and presenting my findings in clear and compelling ways. This experience has not only sharpened my research skills but has also instilled in me a passion for conveying intricate political nuances in an engaging and informative manner.

My commitment to excellence, coupled with my ability to adapt to evolving political landscapes, makes me confident in my ability to produce high-quality content that resonates with your audience. 

ABOUT NFSU

The National Forensic Sciences University, distinguished as a nationally significant institution, stands as the world's premier university solely dedicated to forensic, cybersecurity, digital forensics, and related sciences. Situated in Gandhinagar, Gujarat, this public international university falls under the jurisdiction of the Indian government's Ministry of Home Affairs. The School of Law, Forensic Justice, and Policy Studies at the National Forensic Science University is committed to advancing a comprehensive understanding of forensic science and legislation within the criminal justice system. Renowned for its pioneering research, practical applications, and interdisciplinary teaching approach, it serves as a valuable resource for comprehending the intricacies of the Indian legal framework.

Central to its mission is the provision of knowledge and skills to academics, professionals, and students, enabling them to navigate the complex ethical and legal dilemmas posed by forensic investigations and public policy formulation. Emphasizing the ethical considerations surrounding data collection, storage, analysis, and dissemination in the realm of forensics, the School employs real-world case studies and hypothetical scenarios to foster a nuanced understanding of the delicate balance between law enforcement objectives and individual rights to privacy and data security.

Distinguished faculty members, recognized experts in their respective fields, spearhead innovative research endeavors aimed at advancing knowledge and shaping policy in areas such as digital forensics, biometric identity, and surveillance technologies.

The School's commitment to experiential learning is exemplified through externship, internship, and practical training opportunities, allowing students to apply classroom theories to practical situations. In essence, the School of Law, Forensic Justice, and Policy Studies at the National Forensic Science University stands as a beacon of excellence, preparing the next generation of legal scholars, forensic scientists, policymakers, and practitioners to navigate the intricate intersections of ethics, technology, and law in the pursuit of justice and accountability.