Supreme court
Supreme Court Upholds Right to Privacy as Fundamental Right in the Context of Electoral Bonds
The Supreme Court of India has recently upheld the right to privacy as a fundamental right in the context of electoral bonds. Background: The case pertains to a petition filed by the Association for Democratic Reforms (ADR) and the Common Cause, challenging the validity of the Electoral Bonds Scheme, 2018. Parties: The petitioners, ADR and Common Cause, argued that the scheme was unconstitutional as it allowed for anonymous donations to political parties, thereby compromising the transparency of the electoral process. The respondents, the Union of India and the Election Commission of India, defended the scheme, stating that it was introduced to curb black money in politics. Legal issues: The primary issue before the court was whether the right to privacy, as enshrined in Article 21 of the Constitution, was violated by the electoral bonds scheme. The court also examined the issue of whether the scheme was in consonance with the principles of transparency and accountability in the electoral process. Court observations: The Supreme Court observed that the right to privacy was a fundamental right, and in the context of electoral bonds, it was essential to strike a balance between the right to privacy and the need for transparency in the electoral process. The court noted that while the scheme was introduced to curb black money, it was also important to ensure that the identity of donors was not compromised. Significance: The judgment is significant as it upholds the right to privacy as a fundamental right in the context of electoral bonds. The court's observation that the right to privacy must be balanced with the need for transparency in the electoral process is also noteworthy. The judgment is likely to have far-reaching implications for the electoral process in India and may lead to further reforms in the area of political funding.
