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Enhancing Democracy through Transparent Political Funding
Context:
Amendments to the Representation of the People Act 1951 grant electoral bonds' donors complete anonymity, contrary to global norms favoring full disclosure of political contributions.
Importance of Electoral Bond Challenge
- Supreme Court hearings on electoral bonds are crucial for democracy and rule of law in India.
- Political parties are vital in the democratic process, necessitating transparent and accountable funding.
Global Perspectives on Political Funding
- Historical overview: In 1910, the U.S. enacted the Publicity Act, emphasizing full disclosure and limiting political contributions.
- EU Regulation 2014: Imposed limits on donations with anonymization for small amounts, mandating disclosure for larger sums.
- K.'s Political Parties Act 2000: Imposed restrictions on donations and required declaration of donation sources.
Key Regulatory Requirements for Political Funding
- Complete Disclosure: Most legal regulations emphasize full disclosure of donors above specific minimal amounts.
- Limits or Caps on Donations: Restrictions on the size of donations to prevent unchecked influence on the democratic process.
Importance of Public Disclosure:
- Pillars of democracy: Transparent accounts foster citizen trust in parties and politicians, upholding the rule of law.
- Curbing corruption: Limits on donations prevent democracy from being tarnished by unchecked large contributions.
Electoral Justice for Democracy
- Electoral justice ensures adherence to laws, protecting electoral rights and guaranteeing free, fair, and genuine elections.
- Electoral bonds with undisclosed donors violate transparency, undermining the democratic principles of fairness.
The Way Forward
- Constitutional challenge insufficient: A separate law is necessary for full publication of political donations.
- Proposed legislation should mandate:
- Public disclosure of donor identities above a nominal limit.
- Immediate reporting of large donations to the election commission.
- Public availability of political party accounts.
- Auditing of political party accounts by an independent authority.
- Setting limits on funding and expenditure.
- Mechanisms for law enforcement.
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