Skip to main content

Electoral bonds: Is poll panel quiescent, not living up to its Constitutional mandate?

Counterview Desk 
Former civil servants’ organisation, Constitutional Conduct Group (CCG), in a letter to the Election Commission of India (ECI), has sought action on what it calls “brazen efforts by the State Bank of India to delay provision of information on electoral bonds, as directed by the Supreme Court of India.”
Addressed to Rajiv Kumar, Chief Election Commissioner, and his colleague, Arun Goel, Election Commissioner, the letter insists, “If the ECI remains quiescent, it will not live up to its Constitutional mandate of respecting the right to information of Indian voters and of holding free and fair elections on a level playing field. That would be a death blow for democracy in India as we know it.”

Text:

We are a group of former civil servants of the All India and Central Services who have worked in the Central and State Governments during our careers. As a group, we have no affiliation with any political party but believe in impartiality, neutrality and commitment to the Constitution of India.
We are writing to you with reference to the extraordinary request of the State Bank of India (SBI) to the Supreme Court of India (SCI) to extend the time to submit information regarding electoral bonds till June 30, 2024, by which time the elections to Parliament would be over. We note with dismay that it took SBI seventeen days to inform the Court on 4th March that they are not in a position to collate the data by 6th March. For India’s largest bank with 48 crore accounts and boasting high levels of digitization, a pathetic excuse has been proffered that records were kept manually and hence the extension sought. Thomas Franco, former General Secretary of the All India Banking Officers Confederation, has pointed out that SBI had asked the Government of India by a letter of June 2018 for a sum of more than Rs 60 lakhs for development of IT systems for the electoral bond scheme. In the same piece, Franco has also published an RTI reply that gives, in just a period of six days, details of bonds sold over six  years.  Subhash Chandra Garg, Finance Secretary at the time of finalization of the scheme (and a defender of it), has said in interviews that it should not take more than ten minutes to get the information sought. He also makes the important point that the SCI has not asked for details linking the purchase of bonds with the political parties to whom they have been given; so, the demand for time is wholly unjustified.  
This is an opportunity for the ECI to reclaim its reputation and its integrity by using its powers under Article 324 of the Constitution
While striking down the scheme of electoral bonds as unconstitutional, the SCI had flagged both the right to information of the citizens of India to know about funding of political parties and how there would be no level playing field if one party got undue financial advantage. The SBI’s denying this information and indicating that it would not be available before the general elections seems to indicate that the SBI is shielding the Government in power from any criticism that there was a quid pro quo between the bonds and favours given to some firms or raids/intimidation to pressurize the corporates to fall in line. The media portals Newslaundry and News Minute have already published material linking thirty corporates and their purchase of bonds worth about Rs 335 crore in the previous five years to the blatant misuse of enforcement agencies to make these corporates fall in line.
We would like to reference the letter of March 6, 2024, written by EAS Sarma, a former Secretary to the Government of India, in which he has requested the ECI not only to freeze any unspent funds of political parties from the scheme but also not to publish the schedule of elections till the SBI gives the information ordered by the SCI. We note that the term of the present Lok Sabha is up to June 16, 2024, and to complete the election in time, the ECI could announce the schedule by March 27, or even earlier. The SBI should give the electoral bonds data much before the announcement of the elections.  This is an opportunity for the ECI to reclaim its reputation and its integrity by using its powers under Article 324 of the Constitution. As Shri Sarma has suggested, it should direct the SBI to immediately release the information.  The ECI should also make it clear that it will not announce the schedule for the 2024 general elections till the SBI furnishes this information. If the ECI remains quiescent, it will not live up to its Constitutional mandate of respecting the right to information of Indian voters and of holding free and fair elections on a level playing field. That would be a death blow for democracy in India as we know it.
Satyameva Jayate
---
Click here for signatories 

Comments

SAMIR SARDANA said…
AS THE WORLD WILL SEE ON 21ST

SBI WILL NOT GIVE AFFIDAVIT

SOME OF THE REDEEMED BONDS ARE MISSING

AND

MANY KYC FORMS WILL BE MISSING !

KYC MISSING MEANS THAT BUYER AND BOND NUMBER AND BJP CANNOT BE LINKED !

BUT THEN THERE WILL BE A BANK ENTRY !

NOW HERE AGAIN,PEOPLE WILL FIND THAT MANY OF THE “INDIVIDUAL” NAMES ARE BOGUS – WITH REAL AADHAR AND PAN !

THESE INDIVIDUALS WIRED MONEY FROM ACCOUNTS OPENED A FEW DAYS BEFORE THE EB AND NOW HAVE VANISHED ! ALL ADDRESSES ARE BOGUS ! LIKE IN DEMO !

SAME WILL APPLY FOR TRUSTS AND SOCIETIES !

NOW WE COME TO COMPANIES !

COMPANY “A” BUYS A BOND ! BUT THE PAYMENT IS FROM PERSON X !

KYC IS OF “A” – BUT PERSON X HAS OPENED A BOGUS BANK ACCOUNT JUST TO WIRE THE MONEY AND NOW HAS VANISHED !

NOW FOR “X” SBI HAS LOST THE KYC PAPERS !

NOW SOME WILL SAY THAT SBI HAD IRC (INWARD REMITTANCE CERTIFICATES) OF RS 1000 CRORES ON 1 DAY IN 100 TRANCHES OF 10 CRORES FROM 100 DIFFERENT ACCOUNTS – BUT IF THE KYC IS LOST THEN HOW WILL SBI KNOW WHICH 10 CRORES WAS FOR WHICH PARTY AND WHICH BOND NUMBER – UNLESS THE BOND NUMBER HAS A LINK TO THE IRC DATE AND IRC . SO SPMCL WILL HAVE 2 BOND NUMBER S ! 1 IS THE SPMCL NUMBER AND THE 2ND IS SBI NUMBER PRINTED BY SBI USING SPMCL TECHNOLOGY !

MAMMA MIA !

THAT IS Y YOU HAD THE ROUND FIGURE OF RS 1 CRORE PER BOND !

AND THAT IS Y THE DATA WAS KEPT MANUAL ! IT COULD HAVE BEEN FED (ONE WAY FEEDING WITH NO REPORTS OR PRINT OUTS) AND PASSWOED CHECKED BY CMD + BANKING SECRETARY ! – AND STAND ALONE -OFF THE WEB

BUT SBI KEPT IT MANUAL – SO THAT KYC FORMS CAN BE DESTROYED ! THE LINK TO THE 1ST BEARER OF THE BEARER BONDS ! ONCE KYC IS GONE,ANY DONOR CAN DENY THE BOND ! THE BANK TRANSFER WILL PROVE BOND BUYING BUT NOT LINK IT TO BOND NUMBER,AND THUS,THE BJP !

AND THAT WAS THE PLAN ! FROM DAY 1 !

SPMCL PRINTED THE BONDS ! IT COULD HAVE PLACED A SECRET CODE ON THE BOND LINKING THE BOND TO THE INWARD REMITTANCE COORDINATES OF THE BANK TRANSFER ! THAT WOULD HAVE NAILED THE MATRIX ! MAYBE THAT CODE IS THERE ! – AND SBI IS LYING !

THIS IS REALITY OF INDIA ! dindooohindoo

SAMIR SARDANA said…
THE PLANNING OF CHAIWALA AND SBI

RTI ACT HAS A SECTION 22 WHICH SUPERESEDES ALL LAWS INCLUDING AEMYY ACT AND OSA

RTU ACT HAS A SECTION 7(9),WHICH STAES THAT INFORMATION “NOT READILY AVAILABLE”,IF SOUGHT IN A “fORM” CAN BE DENIED IF IT REQUIRES DISPROPORTIONATE EFFORT

TO PREEMPT THE RTI ACT ON EB,SBI DID NOT KEY IN THE EB DATA INTO THE CBS OF TCS !

SBI IT CELL COULD HAVE MADE A SOFTWARE TO “KEY IN” ALL THE BOND BUYERS AND REDEEMERS” DATA WOTH BOND NUMBERS — AND NO TOOL TO MAKE MIS REPORTS OR COPY DATA – JUST LIKE IN BARC AND NPCIL,BUT THEY DID NOT !

Y ?

AS NOW THEY CAN CLAIM THAT THE “RAW DATA”IS AVAILABLEL . BUT BOND NUMBER WISE DATA IS NOT “READILY AVAILABLE” U/S 7(9) OF THE RTI ACT -IN THE ” FORM” THAT THE SUPREME COURT SEEKS !

SO UNTILE THE 14TH OF FEB 2024, THE RTI APPLICANT HAD NO CHANCE TO GET THIS INFORMATION !

NOW WITH THE SC JUDGEMENT, THE PRECEDENT FOR “PUBLIC INTEREST” TO JUSTIFY A PUBLIC AUTHORITY TO MAKE RAW DATA INTO READILY AVAILABLE DATA IN THE FORM SOUGHT BH THE APPLICANT IS SET !

AND THAT IS THE REVOLUTION ! dindooohindoo

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. 

Covid response? How, gripped by fear and groupthink, scientists 'failed' children

By Bhaskaran Raman*  “Today’s children are tomorrow’s future”, “Nurture children’s dreams”, “A child’s smile is sunlight”. These are some cliches, rendered rather uninspiring through repetition and obviousness. However, for nearly 2½ years, society forgot these cliches, children suffered as science failed and groupthink prevailed. Worse, all of this has been swept under the rug.