State Bank of India vs. Association for Democratic Reforms [March 11, 2024]
Background
This case followed the Supreme Court’s landmark judgment on February 15, 2024, which struck down the Electoral Bond Scheme and related amendments to the Finance Act, 2017, the Representation of People Act, 1951, and the Companies Act, 2013. The Court found these provisions unconstitutional for violating the right to information under Article 19(1)(a) and the principle of equality under Article 14 of the Constitution. The core issue was the non-disclosure of political funding sources, which the Court held undermined voters’ rights and democratic transparency.
Supreme Court’s Directions
To enforce its judgment, the Supreme Court directed the State Bank of India (SBI)—the sole authorized bank handling Electoral Bonds—to submit comprehensive details of all Electoral Bonds purchased and redeemed between April 12, 2019, and February 15, 2024. The Court ordered SBI to provide:
Names of bond purchasers
Amounts donated
Dates of purchase and redemption
Names of recipient political parties
These details were to be submitted to the Election Commission of India (ECI) by March 6, 2024, with the ECI required to publish the information by March 13, 2024.
SBI’s Plea and Court’s Response
SBI sought an extension until June 30, 2024, citing the complexity of collating and matching donor and recipient data, which it claimed was stored in separate “silos.” The application was heard alongside a contempt petition filed by the Association for Democratic Reforms (ADR), which alleged SBI’s willful non-compliance with the Court’s order.
The Supreme Court, led by Chief Justice D.Y. Chandrachud, rejected SBI’s request for more time. The Court found no merit in the argument that the data was too complex to process within the original deadline, especially given the impending general elections. The Court emphasized that timely disclosure was essential to uphold the right to information and electoral transparency.
Judgment and Significance
The Court dismissed SBI’s plea for an extension and directed immediate compliance, warning of possible contempt proceedings for further delay.
The ECI was instructed to publish the disclosed information on its website by March 15, 2024.
The judgment reinforced the Supreme Court’s commitment to electoral transparency and accountability, affirming that the right to information regarding political funding is fundamental to the democratic process.
Citation:
State Bank of India vs. Association for Democratic Reforms, Supreme Court of India, Order dated March 11, 2024.
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