[Marxistindia] On Challenge in Supreme Court to Electoral Bonds

[news from the cpi(m)]

February 3, 2018

Press Release 

 

On Challenge in Supreme Court to Electoral Bonds

 

On 2nd February 2018 the Supreme Court of India has sought a response from
Union of India and the Election Commission in the petition filed by the CPI
(Marxist) challenging the constitutionality of the introduction of Electoral
Bonds by the Finance Act, 2017.

 

The Finance Act, 2017 amended four different statues, namely the Reserve
Bank of India Act 1934, The Representation of Peoples Act 1951, The Income
Tax Act 1961 and the Companies Act, 2013 to introduce the concept of
Electoral Bonds. The Electoral Bonds was operationalized by the Central
Government by issuing a notification on 2.01.2018. 

 

The net effect of the above provisions is that any natural or legal person,
including a company owned by a foreign corporation can finance a political
party in India to an unlimited extent without either the name of the donor
entity or the donee political party being disclosed to anyone in the public
domain. The Electoral Bond is a ripe way to ensure that all kinds of
quid-pro-quo arrangements are made by the ruling party with all kinds of
entities without any public knowledge or scrutiny. 

 

The constitutional challenge to the Electoral Bonds is on the ground that it
flies into the face of the "right to know" in democratic functioning of the
polity recognized under Article 19(1)(a) of the Constitution, is arbitrary
and thus violative of Article 14 of the Constitution and has been passed by
perpetrating a fraud on the constitution by passing it as a money bill, even
though it does not qualify as a Money Bill under Article 110 of the
Constitution. 

 

 

(Hari Singh Kang)

For CPI(M) Central Committee office

 




IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

W.P.(C) No. _____________ OF 2018

IN THE MATTER OF:

Communist Party of India (Marxist) & Anr.       .... Petitioner(s)

 

VERSUS

Union of India & Ors.                                   .... Respondent(s)

 

AFFIDAVIT

I, Shri Sitaram Yechury, S/o Late Sh. S. S. Yechury, aged about 65 years,
C/o A.K. Gopalan Bhawan, 27-29, Bhai Vir Singh Marg, New Delhi-110001, do
hereby state on solemn affirmation as under:-

1.   That I am the Petitioner in the above mentioned Petition and as such I
am conversant with the facts and circumstance of the present case.

2.   That the contents in the Synopsis and List of Dates at Pages ______ to
____, the contents in the accompanying Petition/Appeal from paras _____ to
______ at pages ______ to ______, and the accompanying applications are true
and correct to the best of my knowledge and belief, based on information
derived from the record of the case and the legal submissions made therein
are as per the advice of the counsel and are believed to be true and
correct.

3.   That the Annexures are true copies of the respective Originals.

4.   That the averments of facts stated herein above are true to the best of
my knowledge and belief and no part of it is false and nothing material has
been concealed thereof.

5.   That the contents of above paragraphs of the present affidavit and the
contents of the accompanying Petition have been read over to me in
vernacular language and the same has been well understood by me.

 

 

DEPONENT

Verification:

Verified at New Delhi on this ____/_____/2018 that the contents of my above
affidavit are true and correct and no part of has been concealed thereof.

 

DEPONENT




 

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

I. A./ C. M. P. No. ___________ of ______

IN

W.P.(C) No. _____________ OF 2018

IN THE MATTER OF:

Communist Party of India (Marxist) & Anr.       .... Petitioner(s)

 

VERSUS

Union of India & Ors.                                   .... Respondent(s)

 

AFFIDAVIT

I, Shri Sitaram Yechury, S/o Late Sh. S. S. Yechury, aged about 65 years,
C/o A.K. Gopalan Bhawan, 27-29, Bhai Vir Singh Marg, New Delhi-110001, do
hereby state on solemn affirmation as under:-

1.   That I am the Petitioner in the above mentioned Petition and as such I
am conversant with the facts and circumstance of the present case.

2.   That the Contents of accompanying Applications/Counter
Affidavit/Rejoinder are true and correct to the best of my knowledge and
belief, information derived from the record of the case and the legal
submissions made therein are as per the advice of the counsel and are
believed to be true and correct.

3.   That the Annexures are true copies of the respective Originals.

4.   The averments of facts stated herein above are true to the best of my
knowledge and belief and no part of it is false and nothing material has
been concealed thereof.

5.   That the contents of the present affidavit and the contents of the
accompanying Application(s)/Counter Affidavit/Rejoinder have been read over
to me in vernacular language and the same has been well understood by me.

 

DEPONENT

Verification:

Verified at New Delhi on this ____/____/2018 that the contents of my above
affidavit are true and correct and no part of has been concealed thereof.

 

DEPONENT




Donations received by BJP and Congress from foreign companies


Company

Amount (In Rupees)

Year of Donation

Political Party

Parent Company


Hyatt Regency

5,00,000

FY 04-05

INC

American Origin Company


Sterlite Industries Ltd

100,00,000

FY 04-05

INC

Vedanta


Sesa Goa Ltd

5,00,000

FY 04-05

INC

Vedanta


Sesa Goa Ltd

5,00,000

FY 04-05

INC

Vedanta


Sesa Goa Ltd

2,00,000

FY 04-05

INC

Vedanta


Adani Wilmer Ltd

2,50,000

FY 05-06

INC

Adani Wilmar Limited is a 50:50 joint venture between the Adani Group and
Wilmar International Limited


Sesa Goa Ltd

5,00,000

FY 05-06

INC

Vedanta


Sesa Goa Ltd

5,00,000

FY 05-06

INC

Vedanta


Sesa Goa Ltd

2,00,000

FY 06-07

INC

Vedanta


Sesa Goa Ltd

15,00,000

FY 07-08

INC

Vedanta


Adani Wilmer Ltd

5,000,000

FY 08-09

INC

Adani - Wilmer JV


Solaries Holding Ltd

5,000,000

FY 09-10

INC

Vedanta


Solaries Holding Ltd

5,000,000

FY 09-10

INC

Vedanta


Sterlite Industries (India) Ltd.

50,000,000

FY 09-10

INC

Vedanta


Sesa Goa Ltd

30,00,000

FY 09-10

INC

Vedanta


Sesa Goa Ltd Sesa Ghor

5,00,000

FY 05-06

BJP

Vedanta


Win Medicare (P) Ltd

25,00,000

FY 05-06

BJP

Swiss origin company


Sesa Goa Ltd

2,00,000

FY 06-07

BJP

Vedanta


Dow Chemical Int (P) Ltd

1,00,000

FY 06-07

BJP

Union Carbide acquirer


Sesa Goa Ltd

15,00,000

FY 07-08

BJP

Vedanta


Sesa Goa Ltd

12,50,000

FY 07-08

BJP

Vedanta


Adani Wilmar Ltd

50,00,000

FY 08-09

BJP

Vedanta


Vedanta The Madras Aluminum Ltd

30,000,000

FY 09-10

BJP

Vedanta


Vedanta The Madras Aluminum Ltd

50,00,000

FY 09-10

BJP

Vedanta


Sesa Goa Ltd

50,00,000

FY 09-10

BJP

Vedanta


Win Medicare (P) Ltd

25,00,000

FY 09-10

BJP

Swiss origin company


Sesa Goa Ltd

10,00,000

FY 09-10

BJP

Vedanta

Source:

https://thewire.in/220101/finance-bill-seeks-amend-fcra-condone-illegal-dona
tions-bjp-congress-received-foreign-companies/

 

 

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