UPSC 2024 Expert Guide: Questions on ‘Important takeaways from the Electoral Bonds Fiasco’ answered

UPSC 2024 Expert Guide is an initiative by Times of India where we share expert advice for IAS aspirants and get important mock practice questions answered and explained by Civil Services Exam (CSE) specialists for the upcoming Prelims and Mains exams. Today’s topic for mock question is Important takeaways from the Electoral Bonds fiasco. The questions, answers and explanations have been curated by Shubham Aggarwal, Director and Chief Mentor at Vidyapeeth IAS Academy.
Electoral Bonds Fiasco : Why is it relevant for UPSC aspirants?
Candidates may face questions from this topic in:

• UPSC Mains GS 2 Polity
• UPSC Mains GS 4 Ethics
• Political Science and International Relations/PSIR Optional
• Interviews

Important Takeaways from Electoral Bonds Fiasco: Model Questions for UPSC
Q.1 The ADR Case verdict on Electoral Bonds once again establishes the Judiciary as the guarantor and protector of Fundamental Rights. Discuss (250 words, 15 marks)

Q.2 Discuss the role of Judiciary in Democratisation of Indian Elections? (250 words, 15 marks)

Here is an analytical essay on 7 important takeaways from the Electoral Bonds Fiasco for understanding and answering the above questions. Read on.

7 important takeaways from the Electoral Bonds Case
Since their inception, Electoral Bonds were mooted as a modish idea, that they would revolutionise the way the Indian Elections would be funded. However, the Association for Democratic Reforms v Union of India Case, (or the Electoral Bonds Case) came as a setback to major National and State political parties of India. The scheme was struck down unconstitutional by the Supreme Court, citing the reasons such as: The opaqueness of the Electoral Bonds, lack of transparency and accountability, the voters right to know, citizen’s informed decision making, the corporate-political nexus, the quid pro quo deals, etc. The developments were made more significant when the Supreme Court recently ordered the SBI and the Election Commission to immediately reveal the list of donors and the amount of funds received by the respective political parties. This was done even when the biggest public sector bank of India and the most important pillar of democracy, the ECI, seemed reluctant to obey the court.

In the whole process, not only did the apex court again stand out as the saviour of India’s Electoral Democracy, but it also proved yet again that when the legislative and the executive fail, the adjudicating pillar of democracy, the judiciary has to rise up to the occasion.

Therefore, I have, for the UPSC aspirants, jotted down several important takeaways and lessons from the above episode.

Judicial Activism - The faithful implementation of the Electoral Bonds scheme, the disclosure, the transparency in electoral funding are essentially a domain of the Election Commission, the Parliament, the SBI and the political executive. Since these bodies failed in doing so, the actions of Judiciary in cleansing the Elections before 2024 Lok Sabha polls qualifies perfectly for being hailed as Judicial Activism.

Lack of Autonomy in Autonomous Bodies: Neither did the constitutional body ECI, nor the statutory body State Bank of India looked determined towards disclosing the donor list even after the court struck down the Electoral Bonds as ultra vires. One can infer that these institutions are not at their autonomous best, which they ought to be for the sake of voters. They seemed to be politically misguided.

Caged Parrots: Almost a decade ago,in 2013, the Supreme Court called CBI as the caged parrot, due to the misuse of investigating agencies for political ends. We see a similar fate of the Enforcement Directorate, as in some cases, the Electoral Bond purchase was found to be synonymous with the ED inspections a few days ago to the donors’ offices.

Money power in Elections: The elections for long have been under the clutches of criminals and the corporates. It even aids the creation of shell companies to convert black money to white, creating a parallel economy. The Indian elections, politicians, their parties continue to remain elite.

Un-Free and Un-Fair Elections: There is a stark difference between the biggest and the smallest recipients of bond money in the above case. Hence electoral bonds are definitely unfair to the opposition parties, the new and small state/national or regional parties, the independent and the honest candidates, etc. this is against the Constitutional spirit of Free and Fair Elections.

The nexus: No wonder why Karl Marx called “the State as the executive committee of the Bourgeoisie class”. This has been proven in the Indian context, with the supreme court also highlighting the certainty of Quid Pro Quo deals in the Indian polity. These bonds were a breeding ground for Crony Capitalism.

Aam Aadmi: The most important takeaway for me as a citizen and as a UPSC mentor is that how easily can the majority of the common man, let's say a rickshaw puller who does not know an iota about the Electoral Bonds, be fooled by the political parties. It is only due to some activists like petitioners in the case - Association of Democratic Reforms, Common Cause, CPI(Marxist), and eminent lawyers like Prashant Bhushan, Nizam Pasha, and others, that the idea of India as a nation has survived better than its South Asian counterparts. The supreme court has undoubtedly come to the aid of the civil society in doing so.

(The views shared in this article are personal. The expert can be reached at 0306shubham@gmail.com. His specialisations include UPSC General Studies, Political Science and International Relations Optional).
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