Supreme Court Directs Disclosure of Electoral Bond Data: Association of Democratic Reforms vs. Union of India (2024)

LEGAL ISSUE: Disclosure of Electoral Bond Data

CASE TYPE: Constitutional Law/Election Law

Case Name: Association of Democratic Reforms and Another vs. Union of India and Others

[Judgment Date]: March 15, 2024

Date of the Judgment: March 15, 2024

Citation: 2024 INSC 209

Judges: Dr Dhananjaya Y Chandrachud, CJI, Sanjiv Khanna J, B R Gavai J, J B Pardiwala J, Manoj Misra J

Can the Election Commission of India (ECI) be compelled to disclose data related to electoral bonds, even if they did not retain a copy? The Supreme Court addressed this question while hearing a miscellaneous application in the case of Association of Democratic Reforms vs. Union of India. The court directed the ECI to upload the data related to electoral bonds, which was previously submitted to the court, on its website. The bench comprised of Chief Justice of India Dr Dhananjaya Y Chandrachud, Justice Sanjiv Khanna, Justice B R Gavai, Justice J B Pardiwala, and Justice Manoj Misra.

Case Background

The case revolves around the disclosure of data related to electoral bonds. The Election Commission of India (ECI) had submitted data to the Supreme Court in compliance with an interim order dated April 12, 2019. This data was kept in the custody of the Court. The Supreme Court, on March 11, 2024, directed the ECI to upload this data on its website. However, the ECI stated that it did not retain a copy of the data since it was submitted to the Court in sealed custody. The ECI then filed a miscellaneous application seeking the return of the data to comply with the court’s order.

Timeline

Course of Proceedings

The Supreme Court initially directed the ECI to upload the electoral bond data on its website. The ECI then informed the court that it did not have a copy of the data, which was submitted to the court in sealed custody. The ECI filed a miscellaneous application requesting the return of the data. The court considered this application and issued further directions to facilitate the disclosure of the data. Additionally, the court noted that the State Bank of India (SBI) had not disclosed the alpha-numeric numbers of the Electoral Bonds and issued notice to them.

Legal Framework

The judgment refers to the previous order of the Supreme Court in Association for Democratic Reforms vs Union of India, which mandated the State Bank of India (SBI) to furnish the Election Commission of India (ECI) with all details of the Electoral Bonds purchased and redeemed by political parties. This included the date of purchase/redemption, name of the purchaser, and the denomination of the Electoral Bond purchased.

Arguments

The Election Commission of India (ECI) argued that it did not retain a copy of the data related to electoral bonds, as it was submitted to the Supreme Court in sealed custody. Therefore, they requested the return of the data to comply with the court’s order to upload it on their website.

The petitioners, represented by Mr. Kapil Sibal, Mr. Vijay Hansaria, and Mr. Prashant Bhushan, did not oppose the ECI’s request.

The Solicitor General of India submitted that he was not representing the State Bank of India (SBI) and requested that notice be issued to SBI regarding the non-disclosure of alpha-numeric numbers of the Electoral Bonds.

Issues Framed by the Supreme Court

The Supreme Court did not frame specific issues in this order. However, the implicit issues were:

• Whether the ECI should be provided with the original data submitted to the Court to comply with the order to upload the data on its website.
• Whether SBI should be directed to disclose the alpha-numeric numbers of the Electoral Bonds.

Treatment of the Issue by the Court

The following table demonstrates as to how the Court decided the issues

Authorities

The Court referred to its previous judgment in Association for Democratic Reforms vs Union of India (Writ Petition (Civil) No 880 of 2017), which required the State Bank of India (SBI) to furnish the ECI with all details of the Electoral Bonds.

Judgment

The Supreme Court directed the Registrar (Judicial) to scan and digitize the data submitted by the ECI and return the original documents to the ECI. The ECI was then directed to upload the data on its website by March 17, 2024. Additionally, the Court issued notice to the State Bank of India (SBI) regarding the non-disclosure of the alpha-numeric numbers of the Electoral Bonds and directed the presence of a Senior Officer of SBI on the next date of hearing.

The following table shows how each submission made by the parties was treated by the Court:

The following table shows how each authority was viewed by the Court:

What weighed in the mind of the Court?

The Court’s primary concern was to ensure the transparency and timely disclosure of electoral bond data, as previously mandated. The Court prioritized facilitating the ECI’s compliance with the earlier order, while also addressing the SBI’s non-disclosure of alpha-numeric numbers. The Court’s actions reflect a commitment to upholding the principles of transparency and accountability in the electoral process.

The ratio of Fact:Law in the present case is as follows:

Logical Reasoning

The Court’s reasoning was straightforward: the ECI needed the data to comply with the Court’s previous order. The Court facilitated this by ordering the data to be digitized and returned to the ECI, while also addressing the issue of non-disclosure by SBI. The Court’s decision was aimed at ensuring the smooth implementation of its previous orders and maintaining transparency in the electoral process.

There were no alternative interpretations considered in this order. The court’s decision was a direct response to the ECI’s request and the need to ensure the disclosure of the electoral bond data.

“In the order of this Court dated 11 March 2024, this Court had directed that ECI shall upload on its website the data furnished to this Court in compliance with the interim order dated 12 April 2019 which was being maintained in the custody of this Court.”

“The request, therefore, of the ECI is that the data which was filed before this Court be returned to it to enable it to comply with the order of this Court for uploading all the documents.”

“The judgment of the Constitution Bench in Association for Democratic Reforms vs Union of India required the State Bank of India to furnish to the ECI all details of the Electoral Bonds purchased, and, as the case may, redeemed by political parties, including the date of purchase/redemption, name of the purchaser and the denomination of the Electoral Bond purchased.”

Key Takeaways

• The Supreme Court directed the Election Commission of India (ECI) to upload electoral bond data on its website by March 17, 2024.
• The Court ordered the digitization and return of the original data to the ECI to facilitate compliance.
• The State Bank of India (SBI) was issued notice for not disclosing the alpha-numeric numbers of the Electoral Bonds.
• The decision underscores the importance of transparency in electoral funding and the Court’s commitment to enforcing its orders.

Directions

The Supreme Court issued the following directions:

• The Registrar (Judicial) of the Supreme Court shall ensure that the data filed by ECI is scanned and digitized by 5 pm on March 16, 2024.
• The original data shall be returned to Mr Amit Sharma, counsel for ECI.
• ECI shall upload the data on its website by 5 pm on March 17, 2024.
• A copy of the scanned and digitized files shall also be provided to Mr Amit Sharma.
• Notice was issued to SBI, returnable on March 18, 2024.
• A Senior Officer of SBI responsible for the management and storage of details of Bonds purchased and redeemed shall be present on the next date of hearing.

Development of Law

The ratio decidendi of this case is that the Supreme Court will take all necessary steps to ensure compliance with its orders, particularly those related to transparency in electoral processes. The Court’s decision reinforces the principle that all relevant data must be disclosed to the public in a timely manner. This order does not change the previous position of law but reinforces the previous order.

Conclusion

The Supreme Court’s order in the miscellaneous application filed by the Election Commission of India (ECI) demonstrates the Court’s commitment to ensuring the disclosure of electoral bond data. By directing the digitization and return of the data to the ECI and setting a strict deadline for its upload, the Court has taken concrete steps to facilitate transparency in the electoral process. The issuance of notice to the State Bank of India (SBI) further underscores the Court’s resolve to hold all parties accountable for compliance with its orders.

Category

Parent category: Election Law

Child categories: Electoral Bonds, Transparency, Election Commission of India, State Bank of India

Parent category: Constitutional Law

Child categories: Supreme Court of India, Judicial Orders, Right to Information

Parent category: Election Law

Child categories: Association of Democratic Reforms vs Union of India

FAQ

Q: What was the main issue in the case?
A: The main issue was the disclosure of electoral bond data by the Election Commission of India (ECI) after the ECI stated that it did not have a copy of the data submitted to the Supreme Court earlier.

Q: What did the Supreme Court order?
A: The Supreme Court ordered the Registrar (Judicial) to digitize the data submitted by the ECI and return the original documents to the ECI. The ECI was then directed to upload the data on its website by March 17, 2024.

Q: Why did the ECI not have a copy of the data?
A: The ECI stated that it did not retain a copy of the data because it was submitted to the Supreme Court in sealed custody.

Q: What is the significance of this order?
A: This order ensures the timely disclosure of electoral bond data, promoting transparency in the electoral process.

Q: What is the next step in this case?
A: The State Bank of India (SBI) has been issued notice for not disclosing the alpha-numeric numbers of the Electoral Bonds and is required to appear before the Court.