The Supreme Court, in back-to-back decisions in the electoral bonds and Chandigarh mayoral polls cases, has upheld the cause of “purity of elections” and the central role of the “little man” in participatory democracy.
A Constitution Bench headed by Chief Justice of India D.Y. Chandrachud held that political funding through electoral bonds tilts the playing field insurmountably in favour of deep-pocketed corporations over the “student or teacher or artist or the office goer” who make small contributions to support a party, which may not necessarily be in power.
“Lobbying and capture give undue importance to big donors and certain interest groups, at the expense of the ordinary citizen, violating the right of equal participation of each citizen in the polity,” the Chief Justice observed.
The court said electoral bonds work to strengthen the deep nexus between money and politics in India. The scheme allowed a rich donor to not only influence electoral outcomes but also government policy as part of a quid pro quo arrangement between the contributor and the political party.
The court held that the right to information of a voter about political fundings was superior to the right to privacy of political affiliations in some cases.
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“Right to privacy of political affiliations does not extend to contributions which may be made to influence policies. It only extends to contributions made as a genuine form of political support that the disclosure of such information would indicate their political affiliation and curb various forms of political expression and association,” the Constitution Bench distinguished.
Free, fair polls
In the Chandigarh mayoral polls, a three-judge Bench also headed by the Chief Justice held that free and fair elections were a part of the basic structure of the Constitution.
The court said the process of citizens electing councillors, who in turn, elect the Mayor, serves as a channel for ordinary citizens to ventilate their grievances through their representatives — both directly and indirectly elected.
“Ensuring a free and fair electoral process throughout the electoral process is imperative to maintain the legitimacy of and trust in representative democracy,” the apex court underscored.
The court initiated criminal proceedings against the Returning Officer of mayoral polls for tampering with the ballots and declared the Aam Aadmi Party candidate as the new Mayor.
The apex court quoted Justice V.R. Krishna Iyer’s words in Mohinder Singh Gill v. Chief Election Commissioner that the “little, large Indian shall not be hijacked from the course of free and fair elections by mob muscle or subtle perversion”.
