Skip to main content

Funding political secrecy: FinMin, ECI, RBI have no information on Electoral Bonds

By Venkatesh Nayak*
“The name’s Bond, Electoral Bond- a sovereign guarantee of donor secrecy for political party funding!” In the near future, this is how an Electoral Bond might introduce itself to large donors (money-wise, not girth-wise or chest size) to seduce them to put money in the pockets of any political party (with apologies to Mr. James Bond immortalised on the silver screen by Sir Sean Connery, the Late Sir Roger Moore, Pierce Brosnan, Daniel Craig and others).
Readers may recall the “big idea” of Electoral Bonds (EB) that was announced in the Annual Budget presented in Parliament, in February, 2017. The Government amended three laws relating to elections, income tax and the Reserve Bank of India (RBI) to create this new method of making monetary donations to political parties. Briefly explained, anybody will be able to buy EBs in the form of bearer bonds from a designated commercial bank for any sum of money and donate it anonymously to a political party that he, she or it (private entity) chooses. A donor could have these bonds hand delivered through one’s chauffeur or gardner and the recipient political party will not be required by law to ask any questions.
These amendments remove the obligation of political parties to record and report the identity of EB-style donors to both regulatory bodies, namely, the Election Commission of India and the Income Tax Department (IT Dept.). Ironically, in his Budget speech, the Hon’ble Finance Minister used the sub heading: “Transparency of Electoral Funding” to crown the description of the EB scheme (paras #164-165). Soon after this announcement, news reports indicated that the Government would hold a consultation with stakeholders, namely, the political parties, the Election Commission of India (ECI) and the RBI before operationalising this scheme. More recent reports indicate that the Government is finalising the EB scheme for implementation.
It looks like everybody in the establishment forgot to consult the primary stakeholder- namely, the voter-taxpayer-citizen who also makes donations to political parties but also wants transparency in political party funding.
Now despite being reportedly involved in the consultation process, the Finance Ministry, the ECI and the RBI have all claimed under RTI, that they do not have any information about the EB scheme or who influenced the Government to launch such a scheme.

The Quest for Transparency

The inspiration for this RTI intervention comes from the Hon’ble Prime Minister’s speech delivered at the inaugural session of the 10th Annual RTI Convention hosted by the Central Information Commission, in October 2015, where he said:
“The question is why can’t we be proactive in making available information to the people so that they don’t have to struggle to obtain the same? Democracy and governance should focus on a seamless flow of information to the people… I feel that RTI is now being used for limited purposes. Some of the information obtained under this act may benefit media to some extent and others might succeed in addressing their grievances. As such, we know of the process of obtaining information by the seekers but never sure of the end product or the outcomes. What I want to highlight is that when an RTI activist seeks information about a bridge contract, he gets to know about the tendering, when the project was commenced, site selection and all other related file notings. Time has now come for such activists to pay attention to know about the quality of bridge construction including if the same was faulty and whether such faults if any were addressed or not. By focusing both on the processes and final products or outcomes, we can bring about phenomenal changes. Otherwise, information so obtained would at best meet the ends of personal satisfaction. RTI should be used, first and foremost, to bring about a positive change in the governance.” (text downloaded from the website of the Press Information Bureau)
So almost six months after the Budget Speech was made in Parliament (presuming that the Government might have worked out the details of the EB scheme), I filed an RTI application with the Department of Economic Affairs (DEA) in the Ministry of Finance, seeking the following information about Electoral Bonds:
“Apropos of paras #164-165 of the Budget-related speech of the Hon’ble Finance Minister delivered in the Lok Sabha on 01 February, 2017 relating to the issuance of Electoral Bonds, I would like to obtain the following information from your public authority:
1) The total number of representations or petitions or communications, by whatever name called, received by the Government of India, till date, from donors regarding the need for maintaining confidentiality of their identity while making donations to political parties;
2) A clear photocopy of all representations or petitions or communication by whatever name called, described at para #1 above;
3) A clear photocopy of the Draft Electoral Bond Scheme prepared by your Department for consultation with the Reserve Bank of India and the Election Commission of India.”
As the Hon’ble Finance Minister said in his speech that donors to political parties had expressed their unwillingness to make their identity known publicly, the first two questions were drafted to ascertain the total number of representations received in favour of secrecy and the justification they offered. The third question was aimed at getting a copy of the draft EB scheme, so that citizens would be able to discuss the detailed proposals, being the primary donors to political parties. The Government has not placed any of this information in the public domain till date.
The DEA did not send any reply to the RTI application for more than 30 days. So after 40 days I filed a first appeal. The First Appellate Authority directed that the RTI application be transferred to: 1) The Election Commission of India (ECI), 2) The Department of Financial Services (DFS which supervises Banks through which EBs will be sold) and strangely, 3) the Coordination Section of DEA. DEA transferred the RTI application to ECI and DFS within 24 hours saying that the subject matter of EB does not pertain to them. DFS also quickly transferred the RTI application to RBI.
Eventually, both ECI and RBI replied that they did not have any information sought in the RTI application. It appears that the records relating to the draft EB scheme are themselves being held in great secrecy. Nobody wants to acknowledge that they did any work on it. Secrecy seems to be the guiding principle for the EB scheme even before it is operationalised to keep donor identity secret.
Soon I will file a complaint with the Central Information Commission to determine who holds these records.

What is problematic with the EB scheme?

Within 24 hours of the publication of the Budget Speech in Parliament, I had sent out an email alert analysing the EB scheme as a backward leap into the era of secrecy. Briefly reiterated the critical issues around the EB scheme are as follows:
1) Until 2017, all registered political parties are required to disclose to the ECI, the identity of individuals and private entities donating more than Rs. 20,000/- (=USD 310 where USD1 = INR65) every year. The ECI publishes these contribution reports on its website soon after receiving them. The Finance Act, 2017 (one of the Bills relating to the Annual Budget) amends Section 29C of The Representation of the People Act, 1951 to remove the obligation of political parties to keep a record of the identity of donors who give any sum of money through EBs or report the same to the ECI annually. As EBs protect the identity of donors, they are likely to become the default option for making donations. Citizens will know lesser and lesser about who is making donations to which political party. This will take India back to the pre-NDA-I era when the transparency requirement under Section 29C was introduced. NDA-II is undoing the transparency regime established during the Atal Behari Vajpayee-era.
2) Until 2017, under Section 13A of the Income Tax Act, 1961 all political parties registered with the ECI were required to maintain details of donations of Rs. 20,000/- and above, received from any source, and have them audited. These were essential requirements for every political party to get exemption from paying income tax every year. The Finance Act, 2017, absolves all political parties from the duty of keeping records of donations received through EBs. So these donations will not be audited either. Thanks to the EB scheme of secrecy, political parties will escape the scrutiny of the Income tax Dept. for donations received in this manner unless they source the information from the Bank that sold the EBs to any buyer.
3) As of now, private corporations can donate not more than 7.5% of their average net profits made during the immediately preceding three financial years. Such donations had to be approved by a Resolution of the Board of Directors. Every private company making such donations is required to publicly disclose in its profit and loss account how much money is donated to which political party in a given year. The Finance Act, 2017, removed all these transparency requirements from Section 182 of the Companies Act, 2013. April, 2018 onwards, a private corporation will be able to make donations from Day 1 without starting commercial operations, let alone earning profits. There will be no obligation to publicly disclose the amount so donated and the identity of the recipient political party. Only the total sum of money so donated will be reflected in the profit and loss account of the company every year. So EBs are likely to become the preferred route for such companies to make donations to political parties of their choice and escape public scrutiny.
These amendments listed above are highlighted in the text of The Finance Act, 2017.
In fact, one wonders if the EB scheme seeks to conform to a ridiculous extreme with Jesus Christ’s preaching about performing charity in secrecy (for the sake of humility):
“But when you give to the needy, do not let your left hand know what your right hand is doing” (Gospel of Matthew 6:3)
Further, while ordinary citizens have to cite Aadhaar/PAN numbers for almost every public transaction (in banks or while buying jewellery) or public action (such as buying ration or registering one’s marriage), donations to political parties through EBs will be exempt from such requirements. Two classes of public transactions are being created and will be treated differently- a large number transactions where proof of identity is a must for making them valid before the law and another where the law itself encourages and protects anonymity of the transaction.

The legislative process also was not kosher

The amendments carried out through The Finance Act, 2017 were also done in a manner that prevented a vote in the Rajya Sabha. They were all introduced in the Finance Bill which was certified by the Speaker of the Lok Sabha as a Money Bill even though they violated the definition of a “Money Bill” provided in Article 110 of the Constitution. The Rajya Sabha can only discuss a Money Bill, but not vote on it. So the Upper House was arm twisted into submission on these proposals. Hopefully, the Supreme Court of India will examine all these issues in detail when it takes up the public interest litigation suit (PIL) filed by some civil society actors including the Association for Democratic Reforms.

Political Parties have resisted transparency of their financial dealings

When the Central Information Commission declared six national level political parties, “public authorities” under the RTI Act, in June 2013, they resisted transparency tooth and nail. They continue to remain non-compliant without seeking judicial remedy against this order. Instead, they preferred amendments to the electoral law for greater transparency of their financial dealings. Now the Government seems to be blocking that route as well and the opposition parties have not made it clear as to “how much they would like to bond with the Electoral Bonds scheme”.
Electoral Bonds, if implemented in present form, will bring the era of transparency in political party funding to an abrupt end, contrary to the trend across the world which is for ever greater transparency in order to make them more accountable to the people. All concerned citizens and civil society groups must question such retrograde measures and demand greater openness from the Government and all others involved in the decision making process.
In the era of competitive patriotism, defending openness in political party financing might have to become a “patriotic duty”. This will be more constructive than the recent demands made by some self-appointed defendants of the “popular sentiment” for cutting off the noses and heads of some celluloid celebrities.

*Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, New Delhi

Comments

TRENDING

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Gujarat agate worker, who fought against bondage, died of silicosis, won compensation

Raju Parmar By Jagdish Patel* This is about an agate worker of Khambhat in Central Gujarat. Born in a Vankar family, Raju Parmar first visited our weekly OPD clinic in Shakarpur on March 4, 2009. Aged 45 then, he was assigned OPD No 199/03/2009. He was referred to the Cardiac Care Centre, Khambhat, to get chest X-ray free of charge. Accordingly, he got it done and submitted his report. At that time he was working in an agate crushing unit of one Kishan Bhil.

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.

Licy Bharucha’s pilgrimage into the lives of India’s freedom fighters

By Moin Qazi* Book Review: “Oral History of Indian Freedom Movement”, by Dr Licy Bharucha; Pp240; Rs 300; Published by National Museum of Indian Freedom Movement The Congress has won political freedom, but it has yet to win economic freedom, social and moral freedom. These freedoms are harder than the political, if only because they are constructive, less exciting and not spectacular. — Mahatma Gandhi The opening quote of the book by Mahatma Gandhi sums up the true objective of India’s freedom struggle. It also in essence speaks for the multitudes of brave and courageous individuals who aspired to get themselves jailed for the cause of the country’s freedom. A jail term was a strong testimony and credential of patriotism for them. The book has been written by Dr Licy Bharucha, an academically trained political scientist and a scholar of peace studies and Gandhian studies, who was closely associated throughout her life with those who made the struggle for India’s independence the primar...

Warning bells for India: Tribal exploitation by powerful corporate interests may turn into international issue

By Ashok Shrimali* Warning bells are ringing for India. Even as news drops in from Odisha that Adivasi villages, one after another, are rejecting the top UK-based MNC Vedanta's plea for mining, a recent move by two senior scholars Felix Padel and Samarendra Das suggests the way tribals are being exploited in India by powerful international and national business interests may become an international issue. In fact, one has only to count days when things may be taken up at the United Nations level, with India being pushed to the corner. Padel, it may be recalled, is a major British authority on indigenous peoples across the world, with several scholarly books to his credit. 

UP tribal woman human rights defender Sokalo released on bail

By  A  Representative After almost five months in jail, Adivasi human rights defender and forest worker Sokalo Gond has been finally released on bail.Despite being granted bail on October 4, technical and procedural issues kept Sokalo behind bars until November 1. The Citizens for Justice and Peace (CJP) and the All India Union of Forest Working People (AIUFWP), which are backing Sokalo, called it a "major victory." Sokalo's release follows the earlier releases of Kismatiya and Sukhdev Gond in September. "All three forest workers and human rights defenders were illegally incarcerated under false charges, in what is the State's way of punishing those who are active in their fight for the proper implementation of the Forest Rights Act (2006)", said a CJP statement.