About the Blog
The Constitution and the rights and duties laid out under it form the bedrock of our nation and its functioning. The interpretation and application of constitutional provisions has been given immense importance since Independence. In recent years, however, constitutional interpretation has become all the more important owing to the nature of issues that have arisen, like the legality of internet shutdowns vis-à-vis citizens’ fundamental rights, the legality of electoral bonds, and others. In this series, we present an analytical view of various contemporary constitutional issues.
An analysis of the Constitutional Legitimacy of Electoral Bonds by Samarth Nayar and Sarthak Dewan
Electoral bonds, as the government would elucidate, is an elaborate electoral reform to cleanse the system of the use of black money in the electoral process. The anonymity is to incentivise the donors to donate white money instead of black. However, electoral bonds, as the authors would define in the blog given below, is a devious scheme anonymising the names of the donors, allowing unrestricted, probably illegitimate, amounts of money laundering into the political structure, even from foreign sources. The authors, through this blog, scrutinize the electoral bond’s constitutional validity. While arguing for the unconstitutionality of the aforementioned, authors contend that the scheme is not in consonance with the Right to Know, Article 14 and the Basic Structure Doctrine. The authors also analyze the scheme’s deleterious effect on body politic while taking note of relevant amendments that further exacerbate the pernicious impact of electoral bonds. Authors, while concluding, note the judiciary’s reluctance to adjudicate on the constitutionality of electoral bonds and views its acts as an accomplice to the government’s initiative.
Legality of Internet Shutdowns in a Democracy by Shruthi Sekar