In poll year, Supreme Court to give verdicts on electoral bonds, immunity to corrupt lawmakers

Satya Prakash

New Delhi, December 31

As India heads to the 2024 General Election, the Supreme Court is all set to pronounce verdicts in the new year on several matters of political significance, including the validity of electoral bonds scheme and blanket immunity given to bribe-taker lawmakers under parliamentary privileges.

Decision on lifetime ban on tainted leaders, too

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Besides delivering the verdicts on the validity of electoral bonds scheme and blanket immunity given to bribe-taker lawmakers under parliamentary privileges, the Supreme Court will also consider the issue of imposing a lifetime ban on tainted leaders from contesting elections.

A five-judge Constitution Bench led by Chief Justice of India DY Chandrachud — which on November 2 reserved its verdict on petitions challenging the validity of the electoral bonds scheme — is expected to pronounce it following the reopening of the Supreme Court after the winter break.

Introduced through the Finance Act, 2017, an electoral bond is a bearer instrument like a promissory note that can be purchased by an Indian citizen or an Indian company whose identity would remain secret from everybody except the SBI from whom it has to be purchased. Once purchased, the buyer can give it to a political party, which can encash it using its bank account. It was notified on January 2, 2018.

A seven-judge Constitution Bench led by CJI Chandrachud on October 5 reserved verdict on reconsideration of its 1998 judgement, which had held that MPs and MLAs enjoyed immunity from prosecution for taking bribes for “anything said or any vote given” in the House.

Twenty-six years after a five-judge Constitution Bench in PV Narasimha Rao’s case ruled that a lawmaker was immune to prosecution even if he/she took money to vote on the floor of the House, the top court will settle the law on the scope of parliamentary privileges under Article 105(2) and Article 194(2).

The important question of law relating to parliamentary privilege under Article 105 and Article 194 of the Constitution was referred to a five-judge Constitution Bench by a three-judge Bench headed by then CJI Ranjan Gogoi on March 7, 2019, in connection with JMM legislator Sita Soren’s plea claiming protection under the top court’s ruling in Rao’s case after being accused of taking a bribe during a Rajya Sabha election.

The Supreme Court would also consider the issue of imposing a lifetime ban on tainted leaders from contesting elections in the new year.

It will also hear PILs against freebies given by political parties. Acting on advocate Ashwini Kr Upadhyay’s PIL, the top court had on August 3, 2022, asked the Centre, Niti Aayog, Finance Commission, Law Commission, RBI and members of ruling and Opposition parties to give constructive suggestions to address the issue of irrational poll-eve freebies to influence the electorate.

A five-judge Constitution Bench — which on December 12 reserved its decision on petitions challenging the validity of Section 6A of the Citizenship Amendment Act — would deliver the verdict in 2024.