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Corporate Donations And Political Funding: Transparency Gaps After The Electoral Bonds Judgment




Anurag Singh, Lovely Professional University, Punjab Shreyanshi Yadav, UPES, Dehradun


ABSTRACT


This study critically investigates the transparency gaps in corporate donations and political funding following the landmark 2024 Supreme Court judgment striking down the Electoral Bonds Scheme in India. Employing a doctrinal legal research methodology, the paper examines the constitutional imperatives underlying electoral finance, the regulatory framework governing corporate contributions under the Companies Act, 2013, and the legislative amendments challenged in court. It systematically analyzes the Court's jurisprudential reasoning centered on the fundamental right to information under Article 19(1)(a) and the principle of free and fair elections as intrinsic to the Constitution's basic structure. Despite judicial repudiation of the anonymity granted to corporate donors under the scheme, the paper identifies persistent structural lacunae and regulatory ambiguities that continue to obstruct effective disclosure of political funding sources. The analysis draws on post-judgment policy developments, judicial directions, and empirical data, elucidating how the interplay between corporate governance norms and political finance mechanisms sustains opaque funding channels. The study concludes by proposing legislative and judicial reforms aimed at fortifying democratic integrity through enhanced transparency and accountability in political funding, emphasizing the necessity of balancing donor privacy with the electorate's right to scrutinize influence in electoral democracy.


Keywords: Transparency gaps, Electoral finance, political funding, donor privacy, electoral democracy.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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