February 3, 2018
Press Release
On 2nd February 2018 the Supreme Court of India has sought a response from Union of India and the Election Commission in the petition filed by the CPI (Marxist) challenging the constitutionality of the introduction of Electoral Bonds by the Finance Act, 2017.
The Finance Act, 2017 amended four different statues, namely the Reserve Bank of India Act 1934, The Representation of Peoples Act 1951, The Income Tax Act 1961 and the Companies Act, 2013 to introduce the concept of Electoral Bonds. The Electoral Bonds was operationalized by the Central Government by issuing a notification on 2.01.2018.
The net effect of the above provisions is that any natural or legal person, including a company owned by a foreign corporation can finance a political party in India to an unlimited extent without either the name of the donor entity or the donee political party being disclosed to anyone in the public domain. The Electoral Bond is a ripe way to ensure that all kinds of quid-pro-quo arrangements are made by the ruling party with all kinds of entities without any public knowledge or scrutiny.
The constitutional challenge to the Electoral Bonds is on the ground that it flies into the face of the “right to know” in democratic functioning of the polity recognized under Article 19(1)(a) of the Constitution, is arbitrary and thus violative of Article 14 of the Constitution and has been passed by perpetrating a fraud on the constitution by passing it as a money bill, even though it does not qualify as a Money Bill under Article 110 of the Constitution.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
W.P.(C) No. _____________ OF 2018
IN THE MATTER OF:
Communist Party of India (Marxist) & Anr. …. Petitioner(s)
VERSUS
Union of India & Ors. …. Respondent(s)
AFFIDAVIT
I, Shri Sitaram Yechury, S/o Late Sh. S. S. Yechury, aged about 65 years, C/o A.K. Gopalan Bhawan, 27-29, Bhai Vir Singh Marg, New Delhi-110001, do hereby state on solemn affirmation as under:-
1. That I am the Petitioner in the above mentioned Petition and as such I am conversant with the facts and circumstance of the present case.
2. That the contents in the Synopsis and List of Dates at Pages ______ to ____, the contents in the accompanying Petition/Appeal from paras _____ to ______ at pages ______ to ______, and the accompanying applications are true and correct to the best of my knowledge and belief, based on information derived from the record of the case and the legal submissions made therein are as per the advice of the counsel and are believed to be true and correct.
3. That the Annexures are true copies of the respective Originals.
4. That the averments of facts stated herein above are true to the best of my knowledge and belief and no part of it is false and nothing material has been concealed thereof.
5. That the contents of above paragraphs of the present affidavit and the contents of the accompanying Petition have been read over to me in vernacular language and the same has been well understood by me.
DEPONENT
Verification:
Verified at New Delhi on this ____/_____/2018 that the contents of my above affidavit are true and correct and no part of has been concealed thereof.
DEPONENT
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
I. A./ C. M. P. No. ___________ of ______
IN
W.P.(C) No. _____________ OF 2018
IN THE MATTER OF:
Communist Party of India (Marxist) & Anr. …. Petitioner(s)
VERSUS
Union of India & Ors. …. Respondent(s)
AFFIDAVIT
I, Shri Sitaram Yechury, S/o Late Sh. S. S. Yechury, aged about 65 years, C/o A.K. Gopalan Bhawan, 27-29, Bhai Vir Singh Marg, New Delhi-110001, do hereby state on solemn affirmation as under:-
1. That I am the Petitioner in the above mentioned Petition and as such I am conversant with the facts and circumstance of the present case.
2. That the Contents of accompanying Applications/Counter Affidavit/Rejoinder are true and correct to the best of my knowledge and belief, information derived from the record of the case and the legal submissions made therein are as per the advice of the counsel and are believed to be true and correct.
3. That the Annexures are true copies of the respective Originals.
4. The averments of facts stated herein above are true to the best of my knowledge and belief and no part of it is false and nothing material has been concealed thereof.
5. That the contents of the present affidavit and the contents of the accompanying Application(s)/Counter Affidavit/Rejoinder have been read over to me in vernacular language and the same has been well understood by me.
DEPONENT
Verification:
Verified at New Delhi on this ____/____/2018 that the contents of my above affidavit are true and correct and no part of has been concealed thereof.
DEPONENT
Donations received by BJP and Congress from foreign companies
|
Company |
Amount (In Rupees) |
Year of Donation |
Political Party |
Parent Company |
|
Hyatt Regency |
5,00,000 |
FY 04-05 |
INC |
American Origin Company |
|
Sterlite Industries Ltd |
100,00,000 |
FY 04-05 |
INC |
Vedanta |
|
Sesa Goa Ltd |
5,00,000 |
FY 04-05 |
INC |
Vedanta |
|
Sesa Goa Ltd |
5,00,000 |
FY 04-05 |
INC |
Vedanta |
|
Sesa Goa Ltd |
2,00,000 |
FY 04-05 |
INC |
Vedanta |
|
Adani Wilmer Ltd |
2,50,000 |
FY 05-06 |
INC |
Adani Wilmar Limited is a 50:50 joint venture between the Adani Group and Wilmar International Limited |
|
Sesa Goa Ltd |
5,00,000 |
FY 05-06 |
INC |
Vedanta |
|
Sesa Goa Ltd |
5,00,000 |
FY 05-06 |
INC |
Vedanta |
|
Sesa Goa Ltd |
2,00,000 |
FY 06-07 |
INC |
Vedanta |
|
Sesa Goa Ltd |
15,00,000 |
FY 07-08 |
INC |
Vedanta |
|
Adani Wilmer Ltd |
5,000,000 |
FY 08-09 |
INC |
Adani – Wilmer JV |
|
Solaries Holding Ltd |
5,000,000 |
FY 09-10 |
INC |
Vedanta |
|
Solaries Holding Ltd |
5,000,000 |
FY 09-10 |
INC |
Vedanta |
|
Sterlite Industries (India) Ltd. |
50,000,000 |
FY 09-10 |
INC |
Vedanta |
|
Sesa Goa Ltd |
30,00,000 |
FY 09-10 |
INC |
Vedanta |
|
Sesa Goa Ltd Sesa Ghor |
5,00,000 |
FY 05-06 |
BJP |
Vedanta |
|
Win Medicare (P) Ltd |
25,00,000 |
FY 05-06 |
BJP |
Swiss origin company |
|
Sesa Goa Ltd |
2,00,000 |
FY 06-07 |
BJP |
Vedanta |
|
Dow Chemical Int (P) Ltd |
1,00,000 |
FY 06-07 |
BJP |
Union Carbide acquirer |
|
Sesa Goa Ltd |
15,00,000 |
FY 07-08 |
BJP |
Vedanta |
|
Sesa Goa Ltd |
12,50,000 |
FY 07-08 |
BJP |
Vedanta |
|
Adani Wilmar Ltd |
50,00,000 |
FY 08-09 |
BJP |
Vedanta |
|
Vedanta The Madras Aluminum Ltd |
30,000,000 |
FY 09-10 |
BJP |
Vedanta |
|
Vedanta The Madras Aluminum Ltd |
50,00,000 |
FY 09-10 |
BJP |
Vedanta |
|
Sesa Goa Ltd |
50,00,000 |
FY 09-10 |
BJP |
Vedanta |
|
Win Medicare (P) Ltd |
25,00,000 |
FY 09-10 |
BJP |
Swiss origin company |
|
Sesa Goa Ltd |
10,00,000 |
FY 09-10 |
BJP |
Vedanta |
Source:
https://thewire.in/220101/finance-bill-seeks-amend-fcra-condone-illegal-donations-bjp-congress-received-foreign-companies/