Citizens Don't Have Right To Know Source Of Political Parties' Funds : Attorney General Tells Supreme Court In Electoral Bonds Case

The Attorney General for India argues that citizens do not possess a constitutional right to know the sources of political party funding, challenging the core premise of the electoral bonds litigation. By asserting that the right to information is limited to specific ends, such as assessing a candidate’s criminal record, the state contends that financial transparency falls outside the scope of Article 19(1)(a). This legal stance attempts to decouple voter knowledge from party financing, suggesting that anonymous donations are permissible as long as they do not infringe upon existing, clearly defined rights. The government further maintains that the electoral bonds scheme promotes financial integrity by encouraging clean money and tax compliance through anonymity. Rather than viewing the scheme as a constitutional violation, the argument posits that it is a valid policy experiment subject to political debate rather than judicial intervention. This perspective emphasizes separation of powers, implying that courts should not create new rights or overturn policies merely because they lack transparency, provided no specific existing right is harmed. This debate is highly relevant to open data advocates, as it directly questions the fundamental right to access government-held information about political financing. If accepted, this argument could establish a legal precedent that prioritizes donor privacy and state discretion over public transparency in democratic processes. For open data initiatives, this represents a significant threat to the principle that financial flows influencing democracy must be publicly accessible to ensure accountability and prevent undue influence.

Source: livelaw.in
Published on 2023-10-31

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