Supreme Court of India
Electoral Bonds
Kapil Sibal
Tushar Mehta
Prasant Bhushan
Attorney General
Harish Salve
Vijay Hansaria
Shyam Divan
AM Singhvi
CJI DY Chandrachud
Justice Sanjiv Khanna
Sanjay Hegde
CAA
Citizenship Act
ELECTORAL BONDS:
The ECI was subsequently ordered to publish all such information shared by the SBI on its official website by March 13, 2024.
In 1985, the Parliament amended Section 293A, lifting the ban on political contributions by firms subject to a few conditions. The ban on companies making political contributions within 3 years from incorporation has been in existence for nearly 4 decades. One of the conditions was that the firms should not be owned by the government and should not be less than 3 years old. This clause was retained under Section 182 of the Companies Act, 2013. Section 154 of the Finance Act, 2017, amended Section 182, just before the introduction of electoral bonds, this clause was again retained. The amendment deleted the 1st proviso by which the amount donated by a company was capped at 7.5% of its average net profit during its previous 3 financial years. To this, the top court said the information on purchasers of electoral bonds, the denomination of the bonds, and the bonds redeemed by the respective political parties were easily available and did not need matching.
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In a recent statement made by the Chief Justice of India, it has been emphasized that the motive of the government does not need to be considered when analyzing its actions. The statement, “Mr Solicitor, we don’t have to go into the motive of the Govt at all!”, highlights the importance of evaluating the legality and constitutionality of government actions, rather than questioning the reasons behind them.

The Chief Justice’s remarks come at a time when there is a growing concern about the government’s motives in various actions, including policy decisions, legislative changes, and executive orders. Critics often argue that the government’s motives may be driven by political considerations, personal interests, or other factors that are not necessarily in the best interest of the public.

However, the Chief Justice’s statement serves as a reminder that the judiciary’s role is to uphold the rule of law and ensure that the government’s actions are in compliance with the constitution. It is not the court’s job to speculate on the motives of the government, but rather to assess the legality and constitutionality of its actions based on the facts and evidence presented.

By focusing on the legality and constitutionality of government actions, the judiciary can ensure that the rule of law is upheld and that the rights of individuals are protected. This approach helps to safeguard the principles of democracy and the separation of powers, by holding the government accountable for its actions and ensuring that it acts within the bounds of the law.

In conclusion, the Chief Justice’s statement underscores the importance of prioritizing legal analysis over motivations when evaluating government actions. By upholding the rule of law and ensuring that the government acts within its constitutional limits, the judiciary plays a crucial role in safeguarding democracy and protecting the rights of individuals.