Updated: 6/29/2024
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Last Updated: 29 June 2024

Scandalous Allegations on BJP[1]

a. Chanda do, dhanda lo - Give donation, Get business
b. Hafta-vasuli - Extortion via CBI/ED/IT department
c. Theka lo, rishwat do - Bag contract, Give bribe

Supreme Court scrapped the Electoral Bonds Scheme on 15 Feb 2024[2]

Even ECI & RBI had objections to electoral bonds Amendments to People's Act due to unrestrained corporate funding

Examples of alleged Quid pro quo

1. 33 loss-making firms donated ₹582 crore, 75% went to BJP[3]

That these loss-making companies made such substantial donations indicates they could be acting as fronts for other firms or have misreported their profits and losses — raising the possibility of money laundering

  • These companies had negative or near zero profit after tax in aggregate over 7 years, from 2016-17 to 2022-23
  • The aggregate net losses of these 33 companies were over ₹1 lakh crore

2. 6 firms donated more than profits, 93% of total ₹646 crore to BJP[3:1]

These companies could also have acted as fronts for other companies or have misreported their profits and losses

  • They had positive net profits in aggregate from 2016-17 to 2022-23
  • But the amounts donated through EBs exceeded their aggregate net profit significantly
  • These companies could also have acted as fronts for other companies or have misreported their profits and losses

3. ₹2,471 crore to the BJP by 41 Companies facing actions from central government agencies [1:1]

  • ₹1,698 crore of it was given after these raids
  • ₹121 crore was given in 3 months immediately after the raids

4. At least 49 firms donated 580 crore to BJP for contracts/project approvals[1:2]

  • Contracts/project approvals worth Rs 62,000 crore were given by the Centre or BJP-led state governments
  • Payment was donated within 3 months period

Objections of other Govt institutions[2:1]

  1. Election Commission of India (ECI)'s primary concern against electoral bonds was their perceived negative impact on the transparency of political finance and funding for political parties
  • ECI also criticised the amendment exempting political party donations received through electoral bonds from reporting under the Contribution Report
  • ECI objected to the removal of a provision in the Companies Act that mandated companies to disclose details of the amounts contributed to specific political parties
  • The ECI recommended reinstating the previous provision that imposed a cap on corporate funding, expressing concerns that unlimited corporate funding could lead to increased use of black money for political funding through shell companies
  1. Reserve Bank of India (RBI) raised significant objections to the proposal
  • Violations of the Prevention of Money Laundering Act 2002: While the purchaser's identity was to be known due to the Know Your Customer (KYC) requirement, the RBI highlighted that the identities of intervening persons/entities would remain undisclosed
  • RBI cautioned against the misuse of bearer bonds by shell companies for money laundering transactions, as well as the risk of forgery and cross-border counterfeiting if issued in scrip form

Timeline[4]

  • 28 January 2017: Sought comments from RBI
  • 30 January 2017: RBI replied by expressing its severe apprehensions
  • 1 February 2017: Introduced as part of The Finance Bill, 2017 during the Union Budget 2017-18 by then Finance Minister Arun Jaitley
    -- Amendments classified as a Money Bill, thus bypassed certain parliamentary scrutiny processes, allegedly a violation of Article 110 of Indian constitution
  • May 2017: ECI raised objections on proposed amendments to the Ministry of Law and Justice
  • 2 Jan 2028: Electoral Bonds scheme was notified
  • 15 Feb 2024: Supreme Court scrapped the Electoral Bonds Scheme
    • State Bank of India was asked to hand over details of donors and recipients to the Election Commission of India by March 6
    • ECI was ordered to publish all details online by March 13 2024

Attempts to delay the release of Data

  • 4 March 2024: SBI approached the top court with a plea seeking an extension until June 30 to disclose the details[5]
  • 11 March 2024: Supreme Court of India turned down SBI's request and gave 24hrs to hand over the data[5:1]

REFERENCES:


  1. https://economictimes.indiatimes.com/news/politics-and-nation/41-companies-facing-probe-by-central-agencies-gave-rs-2471-crore-to-bjp-through-electoral-bonds-petitioners/articleshow/108715232.cms ↩︎ ↩︎ ↩︎

  2. https://www.deccanherald.com/india/peoples-act-unrestrained-corporate-funding-eci-rbis-past-objections-to-electoral-bonds-2897404 ↩︎ ↩︎

  3. https://www.thehindu.com/data/thirty-three-loss-making-firms-donated-electoral-bonds-worth-582-crore-75-went-to-bjp-data/article68025625.ece ↩︎ ↩︎

  4. https://en.wikipedia.org/wiki/Electoral_Bond ↩︎

  5. https://www.livemint.com/politics/news/electoral-bonds-5-key-highlights-of-sc-verdict-rejecting-sbis-time-extension-plea-to-disclose-details-11710142091604.html ↩︎ ↩︎

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