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Electoral Bonds And The Right To Know: Judicial Scrutiny Of Political Funding In India




Priyanka Prashar, LLM, Lovely Professional University, Jalandhar, India


ABSTRACT


This paper introduced by the Government of India in 2017 and its constitutional implications on transparency in political funding. Designed as an instrument to curb black money and formalize donations through banking channels, the scheme, however, enabled anonymous contributions to political parties, raising concerns over opacity and corporate influence in electoral processes. Anchored in the constitutional guarantee of the Right to Know under Article 19(1)(a), this study explores judicial scrutiny of the scheme, Supreme Court judgment of February 2024, which struck down electoral bonds as unconstitutional. The judgment reaffirmed that transparency in political financing is central to democratic accountability and free and fair elections. Through an analysis of statutory amendments, judicial precedents, and comparative international practices, this paper proposes systematic changes in political funding laws to ensure a balance between donor privacy and citizens’ right to information. The findings highlight the need for an institutionalized framework for election financing, greater disclosure norms, and active oversight by constitutional bodies to safeguard the integrity of India’s democratic process.


Keywords: Electoral Bonds, Political Funding, Right to Know, Article 19(1)(a), Judicial Scrutiny, Supreme Court of India, Electoral Transparency, Constitutional Law, Corporate Donations, Election Commission of India



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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