Electoral Bonds: A Threat to Free and Fair Elections

CATEGORY: national

TAGS: election-commission, electoral-bonds, free-fair-elections, supreme-court, indian-polity

SOURCE: The Hindu

The recent Assembly elections in Tamil Nadu have raised questions over the future of the two Dravidian majors, the Dravida Munnetra Kazhagam (DMK) and the All India Anna Dravida Munnetra Kazhagam (AIADMK). The Tamilaga Vettri Kazhagam (TVK), which sprang a surprise in the elections, has altered the bipolar nature of Tamil Nadu's politics for the first time since 1977. However, analysis of region-wise variations in the vote shares secured by the TVK, the DMK, and the AIADMK in the 134 constituencies they directly faced each other showed that the electoral outcome has become an existential threat for the AIADMK, which seems to have lost its core vote bank to the TVK.

The Supreme Court on Thursday (May 14, 2026) nudged the Union government to address concerns over its dominant role in the appointment of Chief Election Commissioners and Election Commissioners, observing that free and fair elections depend on a truly independent Election Commission of India. The court highlighted the absence of even "one absolutely neutral person" on the Prime Minister-chaired selection committee. It questioned the presence of a Cabinet Minister on the panel, observing that such a Minister could not be expected to defy the Prime Minister. The court also asked whether the presence of the Leader of the Opposition on the committee was merely "ornamental" as appointments could be made without a unanimous vote.

The court was hearing a batch of petitions challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023. The petitioners contended that the Act "defeated" a Constitution Bench judgment in the Anoop Baranwal versus Union of India case, which had constituted a selection panel comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. The 2023 Act, passed within months of the judgment, replaced the Chief Justice with a Cabinet Minister nominated by the Prime Minister.

The Threat of Electoral Bonds

Electoral bonds, introduced in 2017, have been a contentious issue in Indian politics. These bonds allow individuals and companies to donate to political parties anonymously, raising concerns over the transparency and accountability of political funding. The Supreme Court has consistently highlighted the need for electoral reforms, including the regulation of electoral bonds. In 2020, the court observed that electoral bonds were a "recipe for disaster" and that they had the potential to "destroy the democratic process".

The use of electoral bonds has been linked to the rise of shell companies and the misuse of corporate funds for political purposes. In 2022, the Enforcement Directorate (ED) seized over ₹1,000 crore in cash and assets from a shell company linked to a prominent businessman who had donated heavily to the ruling party through electoral bonds. The ED investigation revealed that the shell company had been used to launder money and fund political activities.

The Need for Electoral Reforms

The recent Assembly elections in Tamil Nadu have highlighted the need for electoral reforms in India. The use of electoral bonds and the lack of transparency in political funding have raised concerns over the integrity of the electoral process. The Supreme Court's observations on the need for electoral reforms are a welcome step towards ensuring free and fair elections in India.

The Election Commission of India (ECI) has been at the forefront of electoral reforms in India. In 2020, the ECI introduced the Electronic Voting Machine (EVM) with Voter-Verified Paper Audit Trail (VVPAT) system to ensure the integrity of the electoral process. The ECI has also been pushing for the regulation of electoral bonds and the introduction of a robust electoral funding system.

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CATEGORY: national

TAGS: election-commission, electoral-bonds, free-fair-elections, supreme-court, indian-polity

SOURCE: The Hindu