2024-02-17
- The court has held that the scheme is unconstitutional because:
- Violation of the right to information (Article 19(1)(a)): The scheme hides political party funding sources, compromising transparency and enabling black money, foreign funding, and corporate influence.
- Breach of equality principle: Discriminates among parties based on vote share, unfairly benefiting the ruling and major opposition parties, while excluding smaller and regional parties.
- Contrary to constitutional electoral reform objectives: Goes against efforts to curb corruption and criminalization in politics, conflicting with recommendations for transparency and disclosure in political funding by various committees and commissions.
- Conflicts with the Representation of Peoples Act, 1951: Fails to align with the Act's requirement for political parties to disclose contributions and expenditure, further undermining transparency in the political process.
