Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

-
 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within
Post a Comment

ELECTORAL BONDS

-

Electoral bonds are financial instruments used for making donations to political parties.

 

Here are the key points regarding electoral bonds:  

  • Eligibility for Political Parties:

Only political parties that meet the following criteria are eligible to receive electoral bonds:

  1. Registered under Section 29A of the Representation of the People Act, 1951.
  2. Secured at least one percent of the votes polled in the last general election to the House of the People (Lok Sabha) or the Legislative Assembly (state elections) 12.



  • Nature of Electoral Bonds:
  1. An electoral bond is a bearer instrument, meaning it does not carry the name of the buyer or payee.
  2. No ownership information is recorded, and the holder (i.e., the political party) is presumed to be its owner.
  3. These bonds are issued in multiples of ₹1,000, ₹10,000, ₹1 lakh, ₹10 lakh, and ₹1 crore.
  4. Individuals (Indian citizens) and domestic companies can donate these bonds to political parties of their choice.
  5. Political parties must redeem these bonds within 15 days of receiving them 3 .

  • Transparency Concerns:
  1. Critics have raised concerns about transparency in political party finances.
  2. The scheme does not require political parties to disclose the names and addresses of contributors using electoral bonds in their annual contribution reports filed with the Election Commission.
  3. While citizens receive no details about the donors, the government can access donor information through the State Bank of India (SBI) 3.

In a recent landmark judgment, the Supreme Court annulled the electoral bonds scheme, citing violations of constitutional rights to freedom of speech, expression, and information 456. 

The CJI said, "Economic inequality leads to differing levels of political engagement because of the deep association between money and politics. At a primary level, political contributions give a 'seat at the table' to the contributor. That is, it enhances access to legislators.

The court emphasized the importance of voters’ right to information in maintaining the purity of elections and sustaining democracy.




Comments

Post a Comment

Popular posts from this blog

šŸŒŸPrivilege CommitteešŸŒŸ

-
šŸ“ŒAbout Committee of Privileges: ✍️It is a Standing Committee. ✍️ It came into being on 7 January 2013 as one half of the replacements for the Committee on Standards and Privileges. ✍️The functions of this committee are "Semi-judicial"  ✍️ Aimed to examine cases if breach of priviledges of the House and it's mrmbers and recommends appropriate action. šŸ“ŒMembers in Rajya Sabha - 10, nominated by Chairman . šŸ“Œ Members in Lok-Sabha - 15  nominated by the Speaker . ✍️In the Rajya Sabha, the deputy chairperson heads the committee of privileges. šŸŒŸPowers and Functions: ✍️The committee examines every question involving a breach of privilege of the House or of the members or of any Committee thereof referred to it by the House or by the Speaker/Chairman.  ✍️It also determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report. ✍️In Rajya - Sabha When a question of privilege is referred to the Committe
Read more

‘India had parliamentary institutions when people of Europe were mere nomads’

-
Image
The quote by  Dr. B.R. Ambedkar, "India had parliamentary institutions when people of Europe were mere nomads,"  is a powerful testament to the ancient civilization's early advancements in governance and societal structures. It speaks volumes about the historical context of India's political systems, which were far more developed than often recognized in the common Eurocentric narrative of history. This essay will delve into the implications of Ambedkar's statement, exploring its historical accuracy, its significance in the context of Indian pride and identity, and its relevance in contemporary discussions about the origins and evolution of democratic institutions. Firstly, various historical records and scholarly research support the assertion that India had parliamentary institutions in ancient times. The 'sabha' and 'samiti' of the Vedic period, for instance, are indicative of consultative assemblies that played a role in governance. These bodie
Read more

Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

-
 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within
Read more