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Supreme Court strikes down electoral bonds scheme: ‘unconstitutional’, ‘arbitrary and violative of Article 14’

SC verdict electoral bonds

The Supreme Court on Thursday held the changes made in the law to introduce the electoral bonds scheme as unconstitutional, in a unanimous verdict on a batch of pleas challenging the legal validity of the Centre’s scheme which allowed for anonymous funding to political parties.

A five-judge Constitution Bench presided by Chief Justice of India D Y Chandrachud also directed that “the issuing bank shall herewith stop the issuance of electoral bonds” and asked the State Bank of India (SBI) to “submit details of the electoral bonds purchased since the interim order of the court dated April 12, 2019, till date to the Election Commission of India (ECI)”.

The bench said, “Section 29(c)(1) of the Representation of People Act, 1951, as amended by Section 137 of the Finance Act 2017, Section 182(3) of the Companies Act as amended by Section 154 of the Finance Act, 2017, and Section 13A(b) as amended by the Finance Act of 2017 are violative of Article 19(1)(a) and hence unconstitutional”.

The bench, also comprising Justices Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra, said, “The deletion of the proviso to Section 182(1) of the Companies Act, permitting unlimited corporate funding to political parties is arbitrary and violative of Article 14”.Don’t miss | Highlights from Supreme court verdict on electoral bonds scheme

‘Company has a much graver influence’

Giving reasons, it said that the “ability of a company to influence the election process through political contribution is much higher when compared to that of an individual”.

“A company has a much graver influence on the political process, both in terms of the quantum of money contributed to political parties and the purpose of making such contributions. Contributions made by individuals have a degree of support or affiliation to a political association. However, contributions made by companies are purely business transactions made with the intent of securing benefits in return. The amendment to Section 182 is manifestly arbitrary for treating political contributions by companies and individuals alike”.

The apex court said, “Companies before the amendment to Section 182 could only contribute a certain percentage of the net aggregate profits. The provision classified between loss-making companies and profit-making companies for the purpose of political contribution and for good reason.. the underlying principle of this distinction was that it is more plausible that law-making companies will contribute to political parties with a quid pro and not for the purpose of income tax benefits”.Explained | Supreme Court strikes down electoral bonds scheme as ‘unconstitutional’: What issues did the verdict mention?

“The provision as amended by the Finance Act of 2017 does not recognise that the harm of contributions by loss-making companies in the form of quid pro quo is much higher. Thus the amendment…is manifestly arbitrary for not making a distinction between profit-making and loss-making companies for the purposes of political contribution”.

The court pointed out, “The purpose of Section 182 is to curb corruption and electoral financing. For instance, the purpose of banning a government company from contributing is to prevent such companies from entering the political fray by making contributions to political parties. Amendment to Section 182 by permitting unlimited corporate contributions authorises unrestrained influence of companies in the electoral process. This is violative of the principle of free and fair elections and political equality captured in the value of one person, one vote.”

Details of electoral bonds

The court also directed SBI to submit the details of political parties which have received contributions through election bonds since the interim order dated April 12, 2019, to date to the Election Commission. The details should include the date of purchase of each electoral bond, the name of the purchaser of the bond, and the denomination of the electoral bond purchased, said the court.

SBI must disclose details of each electoral bond encashed by political parties which shall include the date of engagement and the denomination of the electoral bonds”, the court said. The court added, “SBI shall submit the above information to the ECI within three weeks from the date of this judgement that is by March 6, 2024”.

The court asked ECI to publish the information shared by the SBI on its official website within one week of receiving the information, that is by March 13, 2024.UPSC PACK© IE Online Media Services Pvt Ltd


Army recruitments: Application window opens for Mandi, Kullu, Lahaul & Spiti tomorrow

Army recruitments: Application window opens for Mandi, Kullu, Lahaul & Spiti tomorrow

Tribune News Service

Mandi, February 11

The youth of Mandi, Kullu and Lahaul & Spiti districts can do online registration and submit applications for Agniveer General Duty, Agniveer Clerk, Agniveer Storekeeper, Agniveer Tradesman and Agniveer Technical from February 13 to March 22.

As per Army Recruitment Office Recruitment Director, Mandi, candidates will have to apply by logging into joinindianarmy.nic.in website.

He said for the convenience of candidates, there is a video link on the website, where candidates can get all information about the registration process and online examination. Online practice test facility is also available on the website.


Army opens fire on Pakistani drone in Jammu and Kashmir’s Poonch

The drone returns to the Pakistan side after briefly hovering over the Indian territory on Sunday night

Army opens fire on Pakistani drone in Jammu and Kashmir's Poonch

Army troops fired a couple of shots at a Pakistani drone near the Line of Control (LoC) in Jammu and Kashmir’s Poonch district, officials said on Monday.  

The drone, however, returned to the Pakistan side after briefly hovering over the Indian territory on Sunday night, the officials said.

They said the movement of the enemy drone was picked up in Nar Mankote area of Mendhar and the troops guarding the LoC fired at least three rounds to bring it down. 

The drone returned to the Pakistan side in the face of firing by Indian troops, the officials said, adding that a search operation is under way in the area.https://0919fd8808913da8c7737f1d5267d137.safeframe.googlesyndication.com/safeframe/1-0-40/html/container.html

The Jammu and Kashmir Police recently announced a cash reward of Rs 3 lakh to anyone informing on drones flown from across the border to drop narcotics, arms or explosive materials, leading to the recovery of the material. 


Farmer leaders pray at Golden Temple for victory in Delhi agitation

Farmer leaders pray at Golden Temple for victory in Delhi agitation

Tribune News Service

Amritsar, February 11

Ahead of the march towards the national capital for the Delhi Andolan, farmer leaders paid obeisance at the Golden Temple and prayed for their victory. Kisan Mazdoor Sangharsh Committee leader Sarwan Singh Pandher said, “We still have the letter from the government in which it had promised to accept demands of the agrarian society, but it has failed to do so.”

He said they had received an invite for a meeting with three Cabinet Minister of the Central Government in Chandigarh on February 12. “We are fully prepared for the march towards Delhi on February 13, but then again it would depend on the outcome of the meeting on February 12,” he said, while adding that the government should not act in an autocratic manner.


8 former Indian Navy personnel jailed in Qatar released; arrive in India;

he Ministry of External Affairs says 7 of them have returned to India and that India appreciates the decision by the Amir of Qatar to enable the release and homecoming of the Indians

8 former Indian Navy personnel jailed in Qatar released; arrive in India; thank PM Modi for intervention

Tribune News Service

New Delhi, February 12

Qatar has released eight jailed former Indian Navy personnel nearly three-and-a-half months after they were handed down death sentences in a case of suspected espionage.

The Ministry of External Affairs (MEA) said seven of them had returned to India and that India appreciated the decision by the Amir of Qatar to enable the release and homecoming of the Indians.

“The Government of India welcomes the release of eight Indian nationals working for the Dahra Global company who were detained in Qatar,” the MEA said.

“Seven out of the eight of them have returned to India. We appreciate the decision by the Amir of the State of Qatar to enable the release and homecoming of these nationals,” it said in a brief statement.

The Navy veterans were on October 26 given death sentences by Qatar’s Court of First Instance. The Court of Appeal in the Gulf nation on December 28 commuted the capital punishment and sentenced them to jail terms for varying durations.

The Indian nationals, who worked with the private company Al Dahra, were arrested in August 2022 reportedly in an alleged case of espionage.

One of the Navy veterans who returned from Qatar told a news agency, “We are very happy that we are back in India, safely. We thank PM Modi as this was possible only because of his personal intervention.” With PTIhttps://00551417851536d8b9ae0952c8df3556.safeframe.googlesyndication.com/safeframe/1-0-40/html/container.html

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.


Modi Government destroyed ‘jawan’ and ‘kisan’ in last 10 years: Kharge in Punjab’s Samrala

Congress chief claims that Centre has not issued any notification on repealing three farm laws yet

Modi Government destroyed ‘jawan’ and ‘kisan’ in last 10 years: Kharge in Punjab’s Samrala

Samrala (Ludhiana), February 11

Congress president Mallikarjun Kharge Sunday hit out at the Modi Government, accusing it of “destroying” ‘kisan’ and ‘jawan’ in the 10 years of its regime.

Extending his party’s support to farmers’ ‘Delhi Chalo’ call, Kharge claimed that the Central Government has not issued any notification on repealing the three farm laws yet.

In 2020, a large number of farmers, mainly from Punjab, Haryana and Uttar Pradesh, held a year-long protest on Delhi’s border points—Singhu, Tikri and Ghazipur—against the three now-repealed farm laws.

These laws were—The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, and The Essential Commodities (Amendment) Act.

Kharge was addressing the convention of Punjab Congress workers here ahead of the Lok Sabha elections.

In his address, Kharge said former prime minister Lal Bahadur Shastri’s slogan, “Jai Jawan, Jai Kisan” fits best in Punjab. He said the state is unique as it is only here that both ‘jawan’ and ‘kisan’ are found. He said that at some places there are ‘kisan’ but no ‘jawan’, and in some places there are ‘jawan’ but no ‘kisan’.

Jay Jawan Jay Kisan slogan 2024

“But the Modi Government destroyed both ‘jawan’ and ‘kisan’ in the last 10 years,” he alleged.https://aef71a9d5c526fd0783fa83b109138b0.safeframe.googlesyndication.com/safeframe/1-0-40/html/container.html

He said that farmers had protested at the Delhi borders against the farm laws. “But they (the Centre) suspended the three farm laws. They did not issue any notification of repealing it,” he claimed. “Where is the notification of repealing these laws?” he asked.

The Congress president accused Prime Minister Narendra Modi of calling farmers’ names and describing them as “terrorists” and “andolan jeevis” (those who thrive on agitation) in a derogatory manner.

Referring to the farmers’ ‘Dilli Chalo’ call on February 13, Kharge lauds farmers for heading to the National Capital for their rights and extended his party’s support to them.https://aef71a9d5c526fd0783fa83b109138b0.safeframe.googlesyndication.com/safeframe/1-0-40/html/container.html

The Samyukta Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha had announced ‘Delhi Chalo’ march by more than 200 farmer unions on February 13 to press the Centre for accepting several demands, including enactment of a law to guarantee a minimum support price (MSP) for crops.

Kharge alleged that Rs 1 lakh crore allocated for the agriculture sector had “lapsed” as the Modi government did not spend it on agriculture. He said Rs 40,000 crore allocated for the ‘Fasal Beema Yojana’ was “pocketed” by private insurance companies.

Besides, for the first time in independent India’s history, farmers were paying tax of Rs 25,000 per hectare, he claimed.https://aef71a9d5c526fd0783fa83b109138b0.safeframe.googlesyndication.com/safeframe/1-0-40/html/container.html

Kharge further alleged that the Modi government was not filling about 30 lakh vacancies in various government departments and public sector undertakings.

He alleged that Prime Minister Modi does not want the scheduled castes, the scheduled tribes and the backward classes to get 50 per cent reservation in jobs.

He said the big industries set up under the public sector by former PM Pandit Jawaharlal Nehru were being handed over to “one single friend” of the prime minister.

Responding to Modi’s question as to what the Congress did, Kharge said, “We built dams, brought white and green revolution and set up institutions like the Punjab Agriculture University”. He challenged the BJP and PM Modi to name a single such thing they had done for the country.

Taking a jibe at the prime minister, he said sometimes Modi flags off a single train twice, first from south and second time from the north.

Meanwhile, Congress leader Navjot Singh was conspicuous by his absence. In a post, Sidhu wrote, “We welcome @kharge saheb to the pious land of the Great Guru’s… every worker of the Congress looks up to his guidance today and as Supreme Commander of the grand old party his wish will be our command !!!”

Among those present included Congress Punjab affairs in-charge Devender Yadav, Punjab Congress chief Amrinder Singh Raja Warring, Leader of Opposition Partap Singh Bajwa, former chief ministers Charanjit Singh Channi, Rajinder Kaur Bhattal among others.


Punjab-Haryana border sealed at Shambhu in Ambala in view of farmers’ ‘Delhi Chalo’ march

Punjab-Haryana border sealed at Shambhu in Ambala in view of farmers' 'Delhi Chalo' march

Ahead of the farmers’ proposed ‘Delhi Chalo’ march on February 13, Haryana authorities have sealed the border with Punjab at Shambhu near Ambala. Elaborate arrangements are in place at the borders in Jind and Fatehabad districts to stop the march.

Apprehending the disturbance of peace, the Haryana government has also suspended mobile internet services and bulk SMS in seven districts — Ambala, Kurukshetra, Kaithal, Jind, Hisar, Fatehabad and Sirsa — from February 11 to 13.

Amid measures by the Haryana authorities to prevent the farmers from heading towards the national capital, the Centre has invited them to hold another meeting to discuss their demands on February 12.

The Samyukta Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha had announced the ‘Delhi Chalo’ march by more than 200 farmers’ unions on February 13 to press the Centre into accepting several demands, including the enactment of a law to guarantee a minimum support price (MSP) for crops.

The road on the Ghaggar flyover at the Shambhu border is shut for traffic movement, with police placing cemented barricades on the road. Barbed wire, sandbags, concrete blocks barricades and other items have been stocked at the Shambhu border.

View cutters and frames were also being put up at the flyover. The Ghaggar river bed has also been dug up to prevent farmers from reaching the highway.

In Jind, two roads near the Haryana-Punjab border have been shut for vehicular movement and restrictions imposed on two more roads, a police official said on Sunday.https://8cd7208eaed901da6ec5c61c875fd0ea.safeframe.googlesyndication.com/safeframe/1-0-40/html/container.html

In Fatehabad district, police have also put up cemented barricades and spike strips on a Jakhal road to stop protesters from Punjab from moving towards Delhi.

The Haryana Police on Saturday issued a traffic advisory asking commuters to take alternative routes.

In the traffic advisory, police asked commuters going from Chandigarh to Delhi to take alternative routes via Dera Bassi, Barwala/Ramgarh, Saha, Shahbad, Kurukshetra, or through Panchkula, NH-344 Yamunanagar Indri/Pipli, Karnal.

Similarly, passengers travelling from Delhi to Chandigarh have been asked to reach their destination via Karnal, Indri/Pipli, Yamunanagar, Panchkula, or Kurukshetra, Shahbad, Saha, Barwala, Ramgarh, according to police.

The farmers have planned to head to Delhi from the Ambala-Shambhu border, Khanauri-Jind and the Dabwali border.

Ambala and Kaithal districts have imposed Section 144 of the CrPC, prohibiting the assembly of five or more people.

Police have also been holding meetings with sarpanches of villages and khap panchayats, asking them not to participate in the march.

SKM (Non-Political) leader Jagjit Singh Dallewal slammed the Haryana government for making arrangements to stop farmers from going towards Delhi.

“We are ready for talks and will never run away from dialogue,” he said.

On one side, talks are going on with the Centre and on the other hand, the state government is creating terror, Dallewal said, adding, “What the Khattar government is doing is unfortunate and condemnable.”

He said the government had “promised” a legal guarantee on minimum support price during the stir against the now-repealed farm laws. 


Do not create border ‘between Punjab and India’: CM Bhagwant Mann on barbed wire, nails laid by Haryana government

Khattar, however, justified the steps taken by his government, saying the arrangements are aimed at maintaining law and orde

Punjab Chief Minister Bhagwant Mann on Sunday accused the Haryana government of creating a border “between Punjab and India”, referring to the concrete blocks, nails and barbed wire placed on some roads to scuttle the farmers’ proposed ‘Dilli Chalo’ march.

He said the Manohar Lal Khattar-led Haryana government has placed as much barbed wire at the state’s borders with Punjab as there is at the country’s border with Pakistan.

Khattar, however, justified the steps taken by his government to seal the state’s borders and stop Punjab farmers from marching towards the national capital, saying the arrangements are aimed at maintaining law and order.

Haryana authorities have sealed the state’s border with Punjab at Shambhu near Ambala district, placing concrete blocks, sandbags, barbed wire and anti-riot vehicles on the roads going towards Delhi. Elaborate arrangements have been made at the state’s borders with Punjab in Jind and Fatehabad districts as well.

The Samyukta Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha have announced that more than 200 farm unions would march to Delhi on February 13 to press the Centre to accept several demands, including the enactment of a law to guarantee a minimum support price (MSP) for crops.

Addressing a gathering in Tarn Taran, Mann urged the Centre to accept the genuine demands of the farmers. “What are they doing in Haryana? They are laying nails and barbed wire at the Punjab-Haryana borders,” he said, expressing displeasure over the arrangements made by Haryana authorities.

“I urge the Centre to hold talks with farmers and accept their genuine demands. Do not create a border between Punjab and India. They (the Haryana government) have set up a border. There is as much barbed wire on the roads (at Punjab-Haryana borders) to go to Delhi as there is at the border with Pakistan,” Mann added.

Meanwhile, the Haryana chief minister said the arrangements were made to maintain law and order.

“The kind of agitation they do is not right in democracy and we have seen this the last time. There are many buses and trains (to go to Delhi). But they take tractors and also attach some weapons at the front side of the tractors and if somebody asks them to stop, they will not stop,” he said.

The Haryana Police have also installed iron sheets along the two sides of the road on the Ghaggar flyover near Ambala to prevent protesters from throwing police barricades off it. Water cannons and Vajra vehicles have been stationed near the Shambhu border and the Ghaggar river bed below has been dug up.

In Fatehabad, concrete blocks and spike strips have been placed on a road in the Jakhal area.

At the Tohana border in the district, authorities have placed sand-laden containers and concrete barricades and cemented three layers of nails on the road.