THE SKEWED PLAYING FIELD AT THESE POLLS

Electoral bonds upset the balance of funds among political parties. Will government agencies and statutory bodies follow through on the questions raised by the Supreme Court verdict?

- KAPIL SIBAL

THE Supreme Court's judgement declaring the electoral bond scheme as unconstitutional is a landmark moment. Yet the decision, having been rendered after five long years, leaves our democracy beleaguered. Had the matter been adjudicated upon when challenged, the BJP would not have been able to amass the enormous wealth it has; despite the judgement, it has created a nonlevel playing field in our polity.

This is evident from the following facts. Between the years 2018-19 and 202223, the BJP has amassed almost 6,566 crore. In 2017-18, before the scheme was launched, the contributions by way of cheques to the BJP were relatively insignificant at 210 crore. Pursuant to the scheme being launched in January 2018, the contributions through electoral bonds issued in favour of the BJP rose to a massive 1,450 crore. It is also clear that the scheme launched by my friend, the late Arun Jaitley, was designed to benefit the BJP; it ultimately resulted in a nonlevel playing field in the course of elections to the Lok Sabha and successive assembly elections.

We know that free and fair elections are a basic feature of our Constitution. It has been so held by the Supreme Court of India. At the time when the electoral bond scheme was launched, it was opposed by the Election Commission of India. Its opposition was overruled. By the time the matter was argued in court, the Election Commission, which was a party to the proceedings, maintained a stoic silence.