Apex court refers electoral bonds pleas to 5-judge Constitution bench

The Supreme Court on Monday referred to a Constitution bench of five judges the final adjudication of a clutch of petitions challenging the validity of the central government's electoral bonds (EB) scheme as a source of political funding.

- Utkarsh Anand

A three-judge bench, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, highlighted that the importance of the matter calls for the setting up a larger bench to deliver an authoritative verdict.

"In view of the importance of issue raised, and with regard to article 145 (3) of the Constitution of India, the matter be placed before a bench of at least five judges. The matter will be retained on October 31," said the bench, which also included justices JB Pardiwala and Manoj Misra.

Article 145(3) lays down that the cases that involve a substantial question of law in the matter relating to the interpretation of the Constitution should be heard by at least five judges.

On October 10, the threejudge bench fixed October 31 and November 1 to finally hear the matter, clarifying that the arguments in the matter will be wrapped up over the two dates being fixed, and directed the Centre and other parties to submit their written submissions in the meantime. The assignment of dates for final hearing came after a gap of more than two years as the last effective hearing of the matter had taken place in March 2021.