Opacity in party funding undermines electoral democracy. Discuss in light of the 2024 electoral bonds verdict.
In this answer
On 15 February 2024, a five-judge Bench led by CJI D.Y. Chandrachud struck down the Electoral Bond Scheme, holding that anonymous political donations violate the voter's right to information under Article 19(1)(a) [1]. The verdict affirmed that party finance is not a private transaction but a public trust.
How opacity corrodes electoral democracy
- Informed choice denied: a voter who cannot see who funds a party cannot judge whose interests it will serve — the Court treated this as a direct infringement of free expression [1].
- Quid pro quo risk: the Court noted that unlimited, anonymous corporate funding enables contributions made in exchange for policy favours, licences or contracts [1].
- Unequal playing field: concentration of anonymous funds with dominant parties distorts competitive politics, the basic premise of free and fair elections.
- Conduit for unaccounted money: parties enjoy wide income-tax exemption and have no clearly defined legal character beyond the Tenth Schedule, leaving a regulatory vacuum.
What the 2024 verdict corrected
- Sale of bonds was halted immediately; SBI was directed to furnish purchaser and recipient details to the ECI [1].
- The ECI placed the data in the public domain in March 2024, enabling the first citizen-led scrutiny of donor–party links [2][3].
Why opacity persists
- RUPPs remain the weak link: declared income of registered unrecognised parties rose 223% in FY2022-23, while over 73% filed no public financial disclosure [4].
- Donations below ₹20,000 stay unreported, keeping cash channels open.
- Electoral trusts and indirect routes still shield ultimate donors.
Transparency, not prohibition, is the constitutional cure — the verdict reopened the funding question rather than closing it. A credible reform package would mandate full online disclosure by every registered party, empower the ECI to audit and delist defaulters, lower the reporting threshold, and examine partial state funding of elections [5]. Only then will electoral choice rest on information rather than inference.
Sources
- 1Association for Democratic Reforms v. Union of India, 2024 INSC 113 (15 Feb 2024), Supreme Court of Indiascheme held unconstitutional; right to information under Article 19(1)(a); quid pro quo from corporate funding; directions to SBI and ECI
- 2PIB, "Public disclosure by ECI of the data relating to electoral bonds as supplied by the State Bank of India", 21 March 2024publication of bond data in the public domain
- 3Election Commission of India — Disclosure of Electoral Bondsdonor and party-wise bond data hosted by the ECI
- 4Association for Democratic Reforms, report on Registered Unrecognised Political Parties (July 2025)223% rise in RUPP declared income in FY2022-23; over 73% made no public disclosure
- 5PRS Legislative Research, "How to fix India's election funding"reform options including disclosure norms and state funding of elections