Unconstitutional, Said the Court. Non-Refundable, Said the Party.
Electoral bonds moved ₹16,518 crore in anonymous political money, half of it to the ruling party, over the written objections of the RBI and the Election Commission. In February 2024 a five-judge bench unanimously struck the scheme down as unconstitutional. The consequences so far: it had to stop.
ప్రశ్న, భారత ప్రభుత్వానికి
The Supreme Court held that six years of political funding violated the voters' fundamental right to know. Fine: we know now. A raided lottery firm was the republic's largest donor, a tunnel contract followed ₹140 crore by one month, and half of everything reached the ruling party. So name the remedy. Who investigates the sequences the data shows, if an SIT is premature and the ordinary agencies are the ones in the sequences? Which rupee of the ₹16,518 crore returns, and to whom? If the answers are nobody and none, then say so in those words, and we will note that the punishment for unconstitutional fundraising in India is being asked to switch instruments.
రికార్డు, ఎగ్జిబిట్ల వారీగా
The scheme was designed the way a burglar designs a window. It arrived in the Finance Act 2017, certified as a money bill so the Rajya Sabha, where the government lacked the numbers, never got a vote. It deleted the cap that had held corporate donations to 7.5% of average profits, so loss-making and freshly minted companies could give without limit. It exempted the bonds from party disclosure reports and from income tax record-keeping. And separately, the FCRA's definition of “foreign source” was rewritten retrospectively to 1976, which conveniently dissolved a Delhi High Court finding that both the BJP and the Congress had taken unlawful foreign money from Vedanta subsidiaries. Both parties appealed that one. Bipartisanship is possible in India; it simply needs the right cause.
The referee objected before kickoff. The RBI warned in writing that anonymous bearer bonds could “become currency”, could undermine faith in the banknote, and might be seen as “enabling” money laundering. The Revenue Secretary disposed of the central bank's concerns within hours, noting it had “not understood the proposed mechanism” and, immortally, that “the Finance Bill is already printed”. The Election Commission called the scheme “a retrograde step as far as transparency of donations is concerned” and asked for it to be withdrawn. It was notified on 2 January 2018. The two institutions whose entire job is money and elections said no, and the file went through because the stationery was ready.
On 15 February 2024 a five-judge Constitution Bench, unanimously, struck down the scheme and its enabling amendments as unconstitutional, holding that voters have a right under Article 19(1)(a) to know who funds the people who govern them. The State Bank of India, custodian of the data, then sought an extension to 30 June 2024, a date with no property beyond falling safely after the general election. The court refused, mentioned “wilful disobedience”, and the bank located, compiled and delivered in one working day what it had claimed needed four months. The alphanumeric codes matching each donor to each party followed on 21 March, also under order. The bank's IT department remains the scheme's final miracle: four months of work completed overnight under threat of contempt.
The ledger, once published: ₹16,518 crore in bonds sold between March 2018 and January 2024. The BJP encashed ₹8,251.75 crore, 50.03% of every rupee the scheme ever moved, roughly four times the Congress's ₹1,951.68 crore, with the Trinamool at ₹1,705.41 crore. The single largest political donor in Indian history turned out to be Future Gaming, a lottery company, at ₹1,368 crore, roughly six times its combined five-year profits. Third place went to Qwik Supply Chain, ₹410 crore, a firm whose directors The Reporters' Collective traced to Reliance offices and whose 2021-22 donation of ₹360 crore compared to a net profit of ₹21.72 crore. Reliance stated Qwik is not a subsidiary of any Reliance entity. The stated profits of several major donors were, in short, a poor guide to their generosity.
The pattern journalists found, filed here as their finding and not a court's: donations after raids. ADR counted over 15 of the top 30 donors under agency investigation when they gave. Project Electoral Bond documented at least 21 companies buying over ₹4,000 crore in bonds after ED, Income Tax, CBI or GST attention. The ED attached ₹19.59 crore of Future Gaming's assets in December 2021; it bought ₹210 crore of bonds within a fortnight. The ED attached another ₹409.92 crore on 2 April 2022; five days later, ₹100 crore more in bonds. Aurobindo Pharma's director was arrested in the Delhi liquor case in November 2022; five days later the company gave ₹5 crore to the BJP. Dr Reddy's bought ₹21 crore of bonds four days after an Income Tax raid. Al Jazeera's arithmetic: every one of the top ten raided donors gave to the ruling party. Either the agencies inspire spontaneous philanthropy, or the philanthropy adjusts the agencies. The data cannot tell the two apart, which was the design.
The other direction ran just as smoothly: donations before favours. Megha Engineering, donor number two at ₹966 crore, bought ₹140 crore of bonds in April 2023 and won the ₹14,400 crore Thane-Borivali tunnel contract in May 2023. Thirty-five pharmaceutical companies gave ₹945 crore, at least seven of them while under investigation for failed drug-quality tests, including a manufacturer of pandemic-era remdesivir; 22 of the 35 gave to the party ruling the state where their plants stand. The Supreme Court declined, in August 2024, to presume quid pro quo from any of this, and we defer to the court: nothing here is presumed. It is merely dated, sequenced, totalled and published, which is what the scheme was built to prevent.
The aftermath is the cleanest exhibit. No SIT: refused as “premature” in August 2024, on the reasoning that ordinary remedies had not been tried first, by which the court meant complaints to the same agencies whose raids kept preceding the donations. No recovery, no reopened assessments, no prosecution arising from the scheme; review petitions dismissed. The money simply changed instruments: electoral trusts distributed ₹3,826 crore in FY 2024-25, triple the year before, with about 83% reaching the BJP; the Prudent trust alone routed ₹2,180.7 crore there, and Tata's trust donated weeks after two Tata semiconductor projects worth $15.2 billion were approved. And the new Income Tax Bill of 2025 still carries electoral bond references in its schedules, one year after the scheme's death, which experts read as either an oversight or a door left on the latch. The unconstitutional part, in other words, has been fully remedied: it has a new name.
పూర్తి మూలాల జాబితా
- 1.ADR v UoI, 2024 INSC 113, Indian Kanoon
- 2.Case background, SC Observer
- 3.RBI and ECI objections, ThePrint
- 4.“Finance Bill is already printed”, ADR
- 5.FCRA amended retrospectively, The Quint
- 6.SBI's extension plea dismissed, LiveLaw
- 7.Party-wise tally, ADR
- 8.Top donors list, Moneylife
- 9.Future Gaming's profits, Reporters' Collective
- 10.Future Gaming and the ED, The Quint
- 11.Qwik's Reliance links, Reporters' Collective
- 12.21 companies, bonds after raids, Newslaundry
- 13.Pharma's ₹945 crore, Newslaundry
- 14.Aurobindo after the arrest, The Quint
- 15.Al Jazeera on raided donors, Apr 2024
- 16.Megha's tunnel contract, Business Today
- 17.Megha group's ₹1,232 crore, Collective
- 18.MEIL booked by CBI, Tribune
- 19.SIT plea dismissed, LiveLaw, Aug 2024
- 20.Review petitions dismissed, LiveLaw
- 21.Trusts take over, ADR via Frontline
- 22.Trusts and semiconductors, Al Jazeera
- 23.Bonds in the 2025 IT Bill, PTI
- 24.ED raids Future Gaming, Nov 2024