The decision in three cases in the Supreme Court in 2024 can directly affect the country’s politics as well as the upcoming Lok Sabha elections.
Among these, the most important is the matter related to the constitutional validity of the ‘Electoral Bond Scheme’ launched by the Central Government for giving donations to political parties. Additionally, there is the matter of review of the powers of the Enforcement Directorate (ED) and the validity of Section 6A of the Citizenship Act relating to citizenship in Assam.
The Supreme Court has reserved its decision on the petitions related to electoral bond scheme and citizenship law, while a detailed hearing will be held in January on the review of ED’s powers.
Validity of electoral bond scheme
On November 2, a five-judge Constitution bench of the Supreme Court had reserved its verdict on petitions challenging the validity of the ‘Electoral Bond Scheme’ launched in January 2018 by the Central Government to fund donations to political parties.
Everyone’s eyes are on this matter because its decision can directly affect the 2024 Lok Sabha elections.
Before a Constitution bench of Chief Justice DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Mishra, the petitioners said that the anonymous electoral bond scheme launched to facilitate donations to political parties would ‘destroy democracy’. Because it promotes corruption.
On the other hand, the Central Government justified the scheme and said that it has been started to eliminate black money in politics/elections. The Central Government told the Constitution Bench that people do not have the right to know the source of donations received by political parties.
Validity of Section 6A related to citizenship in Assam
The issue related to citizenship has always been an issue to influence elections in Assam. On December 12, a five-judge Constitution bench of the Supreme Court had reserved its verdict on 17 petitions challenging the constitutional validity of the provisions of Section 6A of the Citizenship Act 1955 in Assam. Section 6A deals with granting Indian citizenship to immigrants coming under the Assam Accord.
Chief Justice DY Chandrachud, Justice Surya Kant, M.M. Sundaresh, J.B. Before the Constitution bench of Pardiwala and Manoj Mishra, it was said on behalf of All Assam Ahom Association and other petitioners that Section 6A in itself is completely unfair. The bench was told that this affected many aspects of the local people of Assam including employment.
The petitioners said that Section 6A violates the basic fabric of the Indian Constitution and the values of secularism, fraternity and brotherhood enshrined in the Preamble.
While presenting its stand, the Central Government clarified before the bench that the inquiry into the constitutional validity of Section 6A has nothing to do with any other amendment to the Citizenship Act.
Review of ED powers
A special bench of three judges of the Supreme Court is reviewing the immense powers of the Enforcement Directorate (ED). Detailed hearing in this case will start in January, 2024.
The outcome of this case will greatly influence the country’s politics because it is currently being alleged that the ED is being used to suppress opposition parties.
The Supreme Court is considering petitions challenging the ED’s powers under the Prevention of Money Laundering Act (PMLA), including arrest, attachment, search and seizure of property involved in money laundering.
The apex court had on November 24 adjourned the hearing of the case for 8 weeks and directed to list it for hearing in January, 2024. While adjourning the hearing, the special bench had directed the government to file its reply on the amended petition filed in the case.