New Delhi, Nov 24 The Supreme Court on Monday agreed to examine a public interest litigation (PIL) challenging the constitutional validity of Section 13A(d) of the Income Tax Act, 1961, a provision that allows political parties to receive anonymous cash donations below Rs 2,000.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice to the Election Commission of India (ECI), the Union of India, the Central Board of Direct Taxes (CBDT), and 12 major political parties, seeking their responses to the plea contending that the provision violates citizens’ fundamental right to information under Article 19(1)(a).
The petition, filed through advocate Jayesh K. Unnikrishnan, argued that the continued acceptance of cash contributions, purportedly under Rs 2,000, facilitates concealment of donor identities and weakens public trust in the electoral process.
“The voters have right to information of all the amounts received by the political parties to enable them to cast their votes with full knowledge of the donors and their antecedents,” the PIL stated.
“It is only if the voters have information as to the persons who are financing the political party, they would be able to cast their votes rationally and intelligently," the plea added.
According to the plea, an analysis of contribution reports and audit statements submitted by recognised political parties reveals systemic non-compliance, delayed disclosures, and that a "large portion of the money received by these parties comes from undisclosed sources".
The petitioner pointed out that several parties, including the BJP, CPI-M, NPP, and INC, filed their annual contributions well past the September 30 deadline, often without any explanation for the delay.
The petition also highlighted widespread omissions such as missing addresses, PAN details, unexplained bank interest accruals, and large sums shown under “fees and subscriptions” without identifying the contributors.
For instance, the BSP allegedly reported its entire income from membership fees in cash for 18 consecutive years without details, except bank interest.
The petitioner, Dr. Khem Singh Bhati, urged the apex court to direct the ECI to scrutinise contribution reports, mandate refunds of amounts lacking proper donor particulars, issue notices under Paragraph 16A of the Election Symbols Order for non-compliance in submitting Form 24A contribution reports, and ensure independent auditing of political party accounts.
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