Electoral Bonds Scheme: No right for citizens to know about source of funding says Centre

New Delhi: Holding that the electoral bond scheme for political funding of parties contributes to clean money, Attorney General R Venkataramani has told the Supreme Court that citizens do not have the right to information under Article 19(1)(a) of the Constitution regarding the source of funds.

In a statement filed before the top court, Venkataramani, in a four-page written submission, emphasised that the Electoral Bonds scheme extends the benefit of confidentiality to the contributor. “There can be no general right to know anything and everything without being subjected to reasonable restrictions,” the AG said.

The five-judge bench is scheduled to hear the case on October 31. Venkataramani submitted that the Electoral Bonds scheme is "within the scope of Article 19(2) of the Constitution," which allows the government to impose reasonable restrictions on the exercise of fundamental rights. The AG on behalf of the Union government countered arguments raised by the petitioners for transparency in the funding of political parties, saying such a "right to know for the general health of democracy" would be too overbroad.

"The right to know as necessary for expression can be for specific ends or purposes and not otherwise. Democracy is a wide concept and comprehends many aspects.

The right to know for the general health of democracy will be too over-broad," said the AG. On October 16, the Supreme Court referred to a five-judge Constitution bench a batch of pleas challenging the government's Electoral Bonds scheme, which allows for anonymous funding to political parties. The apex court had sent the matter for adjudication to the Constitution bench in view of the importance of the issue.

Petitioners' counsel had said the matter is of Constitutional importance and could impact democratic polity in the country and the funding of political parties and demanded that it should be sent to a five-judge Constitution bench.