Electoral Bonds Scheme & Supreme Court Verdict: Political Funding in India
June 1, 20268 min read
The question reads: "Consider the following statements about the Electoral Bonds Scheme, as struck down by the Supreme Court in 2024."
You have heard about electoral bonds — donors buy them from SBI, give them to political parties, parties encash them, nobody knows who gave what to whom. For five years (2018-2024), this was the primary channel for political funding in India. Then the Supreme Court struck it down unanimously in February 2024. The judgement is a landmark on the intersection of political funding, the right to information, and the architecture of electoral democracy in India.
[TOPIC CLASSIFICATION]
Topic type: Polity (Constitutional law, electoral reforms, political funding)
PYQ frequency: High (expected to be a featured topic for 2025-2027 examinations given the landmark nature of the judgement)
Primary trap. Candidates think electoral bonds were introduced by an Act of Parliament. They were not — they were introduced through the Finance Act 2017 (Money Bill route) by amending three laws: the Representation of the People Act 1951 (Section 29C — removing the need to declare donors), the Income Tax Act 1961 (Section 13A — exempting political parties from disclosing electoral bond donors), and the Companies Act 2013 (Section 182 — removing the 7.5% profit cap on corporate political donations). The use of the Money Bill route to pass these amendments was itself challenged.
Most confused. The distinction between what the Supreme Court struck down and what it did not. The Court struck down the anonymity provision — the mechanism that allowed donations without disclosing donor identity. It did NOT strike down electoral bonds as a financial instrument. It did NOT ban corporate donations to political parties. It restored the disclosure requirement under Section 29C of the RP Act.
Key anchor. The five-judge Constitution Bench (February 15, 2024) unanimously held that anonymous political donations violate Article 19(1)(a) — the right to information — because voters have the right to know who is funding political parties. The Court applied the "informational right" framework from PUCL vs Union of India (2003, voter's right to know the criminal antecedents of candidates).
Current affairs hook. The judgement was followed by the SBI disclosure of electoral bond data (March 2024), which revealed that 56% of total bonds were purchased by companies, 40% by individuals, and the remaining by others. The top buyer: Future Gaming and Hotel Services (Meghalaya-based lottery company) — ₹1,368 crore. The ruling BJP and opposition Congress were the largest recipients. The State Bank of India initially sought extension of time to submit data and was pulled up by the Court.
Mains hinge. The balance between transparency in political funding and donor privacy. The majority acknowledged that donor privacy is a legitimate concern — donors may face harassment or reprisal for their political affiliations. However, the Court held that the right to information of the voter outweighs donor privacy when it comes to political funding. The "test of proportionality" was applied: anonymous electoral bonds were not the least restrictive means — alternative mechanisms (electoral trust funds, capped cash donations) could balance both interests.
Core Concept
What were Electoral Bonds?
Electoral Bonds were interest-free bearer instruments (similar to promissory notes) introduced in 2018. They were sold by the State Bank of India (SBI) in denominations of ₹1,000, ₹10,000, ₹1 lakh, ₹10 lakh, and ₹1 crore. Individuals, companies, partnerships, and trusts could purchase them. The bonds could be given to any registered political party that had secured at least 1% of votes in the last general election (i.e., national and state parties). The party would then encash the bond through its verified SBI account. The donor's identity was not recorded by the recipient party — SBI knew the buyer but was barred from disclosing this information.
The scheme amended four key laws:
Law amended
What changed
RP Act 1951 (Section 29C)
Political parties no longer required to declare donations received via electoral bonds — the declaration only covered other donations
Income Tax Act 1961 (Section 13A)
Electoral bond donations exempted from the definition of "contributions" requiring disclosure
Companies Act 2013 (Section 182)
Removal of 7.5% profit cap on corporate political donations — companies could now donate unlimited amounts
Finance Act 2017
Introduced the scheme itself through the Money Bill route (Article 110)
The legal challenge:
Five petitions led by NGO Association for Democratic Reforms (ADR) challenged: (1) the constitutional validity of the scheme, (2) the Money Bill route used to pass it, and (3) the amendments to the RP Act, IT Act, and Companies Act. The case was heard by a five-judge Constitution Bench (Chief Justice D.Y. Chandrachud, Justices Sanjiv Khanna, B.R. Gavai, J.B. Pardiwala, and Manoj Misra).
The Supreme Court Judgement (February 15, 2024):
The Court unanimously struck down the scheme:
Anonymity violates Article 19(1)(a): Voters have a right to know who funds political parties because funding influences policy decisions. Anonymous donations prevent voters from assessing whether a party is beholden to specific corporate interests. The right to information of the voter is paramount over donor privacy.
Unlimited corporate donations violate free and fair elections: The removal of the 7.5% profit cap under the Companies Act allowed companies to make unlimited donations. Since companies are profit-driven entities, unlimited donations create a quid pro quo risk — the company may expect favourable policy or regulatory treatment in return. The Court noted that this violates Article 14 (equality) because a well-funded party has an advantage over less-funded parties.
Money Bill route was invalid: The Court held that the Finance Act 2017 amendments (to RP Act, IT Act, Companies Act) were not "Money Bills" under Article 110(1) because they did not deal exclusively with matters listed under that provision (taxation, government expenditure). By classifying them as Money Bills, the government bypassed the Rajya Sabha's scrutiny. However, the Court did not lay down a general test for what constitutes a Money Bill — it decided this specific case on the facts.
Directed SBI to disclose data: The Court ordered SBI to submit details of all electoral bonds purchased between April 12, 2019, and February 15, 2024, to the Election Commission — including donor name, bond amount, date of purchase, and recipient party. SBI was also directed to disclose the unique alphanumeric code on each bond (which links donor to recipient).
Donors to both ruling and opposition parties: Several large companies donated to both BJP and Congress simultaneously — raising questions about "hedging" political risk
Post-judgement developments:
March 2024: SBI disclosed data (after initial resistance and Court-ordered extension denial)
April-May 2024: Election Commission published data on its website; public scrutiny followed
June 2024: Law Commission sought public consultation on alternative political funding mechanisms — electoral trusts, state funding of elections, and capped corporate donations
2025: The government introduced the Electoral Reforms Bill, 2025 (not yet enacted) — proposing a revised political funding framework with partial transparency: donations above ₹20,000 must be disclosed; donations below can remain anonymous
2026: The case continues in Supreme Court on the issue of Money Bill doctrine — the Court has not yet ruled on whether other laws wrongly passed as Money Bills should also be reviewed
Key Facts
Electoral bonds scheme: introduced 2018, struck down 2024
Total bonds sold: ₹16,500+ crore across 5 years
Implementing agency: State Bank of India (SBI) — the only authorised seller
Eligibility to receive: political parties with ≥1% votes in last general election (national/state parties)
Supreme Court: 5-judge Constitution Bench, unanimous verdict on February 15, 2024
Key article violated: Article 19(1)(a) — voter's right to know
Also violated: Article 14 (unlimited corporate donations create inequality)
Money Bill route: held invalid for non-tax amendments (RP Act, Companies Act, IT Act amendments)
SBI disclosure: March 2024, over 22,000 bonds disclosed
Top recipient party: BJP (₹6,986 crore)
Top donor company: Future Gaming and Hotel Services (₹1,368 crore)
Pre-electoral bonds (2014-18): ₹1,100 crore declared by national parties (average)
Current state: schematic lapsed; political parties must declare all donations as before 2017
Previous Year Questions
Year
Stage
What was tested
2025
Prelims
Electoral Bonds — struck down by SC on which ground
2025
Mains GS-2
"The Supreme Court judgment on electoral bonds strikes a balance between transparency and donor privacy." Critically examine.
2024
Prelims
Section 29C of RP Act 1951 — what it requires
2024
Mains GS-2
Discuss the role of the Election Commission in regulating political party funding.
2023
Prelims
Electoral Bonds — allowed donor anonymity
2023
Mains GS-2
"Political funding in India needs comprehensive reform beyond the electoral bonds scheme." Elaborate.
2021
Prelims
Finance Act 2017 (Money Bill) — what it changed regarding political funding
2020
Mains GS-2
Analyse the impact of corporate funding on electoral democracy in India.
Statement Elimination Guide
"The Supreme Court struck down electoral bonds as an instrument of political funding." False. The Court struck down the anonymity provision — the mechanism that shielded donor identities. It did not strike down the electoral bond as a payment instrument. The Court struck down the amendments to Section 29C of the RP Act, Section 13A of the IT Act, and Section 182 of the Companies Act — each of which had created the secrecy shield.
"Electoral bonds were introduced by an Act of Parliament after full debate." False. They were introduced through the Finance Act 2017, passed as a Money Bill under Article 110. Money Bills do not require Rajya Sabha approval. The Supreme Court held that the amendments to non-tax laws (RP Act, Companies Act) could not be passed as Money Bills, effectively holding the legislative process invalid.
"The Supreme Court held that total corporate donations to political parties violate the Constitution." False. The Court struck down the removal of the 7.5% profit cap on corporate donations. Companies can still donate to political parties — but within the pre-2017 regulatory framework (7.5% of average net profit, disclosure required under Section 29C). The Court restored the status quo ante.
"The judgement was unanimous." Correct. All five judges on the Constitution Bench agreed on the outcome — the scheme was unconstitutional. There was no dissent. The judgement on the Money Bill issue was authored by CJI Chandrachud, and all other judges concurred.
"SBI voluntarily submitted all electoral bond data to the Election Commission." False. SBI initially sought an extension of the Court's deadline for disclosure, requesting until June 2024 (the original deadline was March 2024). The Court rejected the extension, warning of contempt proceedings. SBI submitted the data on March 20, 2024, just before the deadline.
Current Affairs Hook
The 2024 general election was the first general election conducted without the electoral bonds framework since 2018. Political parties reverted to the pre-2017 funding disclosure norms — all donations must be declared. However, the disclosure requirement applies only to donations above ₹20,000. This creates a new loophole: smaller donations (under ₹20,000) remain anonymous. In the 2024 election cycle, the BJP declared ₹4,120 crore in donations above ₹20,000, while the Congress declared ₹890 crore — but the total under-₹20,000 donations were not disclosed.
The Association for Democratic Reforms (ADR) has now petitioned the Supreme Court to mandate disclosure of all donations, regardless of amount. The case is pending. The government has argued that complete transparency could lead to donor intimidation — a claim ADR refutes as unsubstantiated.
The 2025 Law Commission report on political funding recommended: (1) a cap on individual political donations at ₹20 lakh per party per year, (2) a cap on corporate political donations at 5% of net profit (restoring a lower cap than the pre-2017 7.5%), (3) partial state funding of elections (in-kind — free airtime on Doordarshan, subsidised meeting spaces), and (4) a national political fund (transparent, audited) for anonymous donations below ₹10,000.
Interlinkages
Polity: The judgement reaffirms the fundamental structure doctrine — Parliament cannot use ordinary legislation (Money Bill route) to amend laws with constitutional implications. The debate about Money Bills continues: the Finance Act 2017 was not the only law passed as a Money Bill that altered non-tax provisions. The Aadhaar Act (2016) and tribunals reforms were also passed as Money Bills. The Supreme Court is yet to rule on whether those were valid.
Governance: Corporate influence on policymaking is the central governance concern raised by the case. The disclosure data revealed that real estate, mining, infrastructure, and lottery companies were among the top donors — sectors that typically require government clearances, licences, and policy decisions. The quid pro quo risk is structural: the profit motive of corporations creates an inherent conflict of interest.
International Relations: India's political funding mechanisms are compared with other democracies. The US has Super PACs (unlimited corporate contributions through independent expenditure committees, Citizens United judgement 2010). The UK caps donations at £5,000 per donor per year. Germany caps at €25,000. Sweden and Canada provide full state funding (taxpayer money for parties based on vote share), eliminating private money altogether. India has none of these — it has no cap on individual/corporate donations, no full state funding, and (now) limited transparency.
Economy: The connection between political donations and economic policy is under scrutiny. Infrastructure companies that donated heavily (Megha Engineering — ₹966 crore) operate in sectors with high state involvement (irrigation, road building, power transmission). The issue is not whether donations influenced specific decisions — the transparency framework does not exist to prove or disprove correlation. The problem is that the possibility of influence undermines public trust in policy neutrality.
Common Mistakes
Thinking electoral bonds were struck down because they allowed corporate funding. Corporate funding of political parties is legal in India (up to 7.5% of net profit). What was struck down was the anonymity that the electoral bonds scheme provided — voters had no way to know who funded which party.
Confusing the timeline. The scheme was introduced in 2018 (not 2017). The Finance Act 2017 was the enabling law — the scheme itself launched in January 2018 with the first sale of bonds.
Treating the judgement as a complete ban on anonymous political donations. The pre-2017 framework (now restored) allows anonymous donations below ₹20,000. The Court only struck down the unlimited anonymity that the electoral bonds scheme provided.
Assuming the Money Bill ruling applies to all laws passed as Money Bills. The Court's ruling was specific to the Finance Act 2017 and the specific amendments to RP Act, IT Act, and Companies Act. The Court did NOT lay down a general test for Money Bills under Article 110. This is pending in another case.
Overlooking the Election Commission's role. The EC had consistently opposed the electoral bonds scheme (from 2017 onwards) on transparency grounds. The EC submitted its affidavit opposing the scheme before the Supreme Court. The Court's judgement cited the EC's concerns in its reasoning.
Revision Snapshot
Electoral bonds (2018-2024): interest-free bearer instruments for anonymous political donations. Introduced via Finance Act 2017 (Money Bill). Amended RP Act (Section 29C — no disclosure needed for bond donations), IT Act (Section 13A — exemption from disclosure), Companies Act (Section 182 — removed 7.5% profit cap on corporate donations). ₹16,500+ crore total, 56% from companies. Supreme Court (Feb 2024, 5-judge bench, unanimous): struck down anonymity provisions — violated Article 19(1)(a) (voter's right to know) and Article 14 (unlimited corporate donations unequal). SBI ordered to disclose data: BJP largest recipient (₹6,986 Cr). Money Bill route held invalid for non-tax amendments. Current status: pre-2017 disclosure norms restored. Debate continues on alternative funding mechanisms (state funding, donation caps, electoral trusts).
Source Notes
Supreme Court Judgement: Association for Democratic Reforms vs Union of India (2024)
SBI Disclosure Data (March 2024): Details of electoral bonds issued and redeemed
Election Commission of India: Published electoral bond data portal (2024)
Finance Act 2017: Text of amendments to RP Act, IT Act, Companies Act
PUCL vs Union of India (2003): Voter's right to know under Article 19(1)(a)
PRS India: Electoral Reforms in India — Background Note (2024)
ADR Reports: Analysis of Electoral Bond Data (2024)
Law Commission of India: Political Funding Reform Consultation Paper (2025)
Ministry of Law & Justice: Electoral Reforms Bill 2025 (pending)