SBI‘s Controversial Delay in Electoral Bond Disclosure Undermines Transparency

Supreme Court‘s Transparency Mandate Sidelined as SBI Seeks Prolonged Deadline

MOHAN KHOUND

In a move that has sparked widespread controversy, the State Bank of India (SBI) has requested an extension until June 30, 2024, to release critical data regarding electoral bonds, in defiance of a recent Supreme Court directive.

The highest court in the land had unanimously declared the Electoral Bond scheme unconstitutional just three weeks prior, emphasizing the violation of the fundamental right to information as provided in Article 19(1)(a) of the Constitution.

This unexpected delay by the SBI casts a shadow over the transparency of political funding, particularly with the general elections looming.

The Supreme Court’s order was unequivocal in its demand for the SBI—the only bank authorized to issue electoral bonds—to immediately halt their issuance and disclose comprehensive details about the political parties that received the funds, along with specifics about the purchases, including dates and denominations. The aim was to ensure transparency in political funding, a cornerstone of democratic integrity.

However, the SBI’s justifications for the delay have left many stakeholders befuddled and distrustful. Firstly, the bank has indicated that it needs time to reconcile two sets of information: one concerning the purchase of bonds and the other regarding the parties issued the bonds.

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This stance appears to contradict the court’s directive, which called for the straightforward release of purchase and issuing information without necessitating a complex tracing of links between donors and parties.

Secondly, the SBI maintains that while it has digitally stored the number of bonds issued, the Know Your Customer (KYC) details of the purchasers are not readily accessible, posing a challenge in gathering the demanded information.

However, this claim is disputed by reports from Right to Information (RTI) queries that suggest the bank does, in fact, have data on donors and their purchase dates. Moreover, each bond is reportedly assigned a unique alphanumeric code, which should simplify the task of collecting details on issue dates and denominations.

The urgency of this matter is palpable, as the general election draws near. Data available up until March 2023 indicates that the Bharatiya Janata Party (BJP) has received a staggering 57% of all funds donated through bonds, with the Congress trailing at approximately 10%. The SBI’s delay in releasing this critical information not only challenges the Supreme Court’s directive but also raises alarms about the opacity of political contributions.

Former Union Finance Minister P. Chidambaram has vociferously criticized the SBI’s plea for an extended deadline. He argues that the details of electoral bonds could be compiled in a single day, insinuating that the Central government is intentionally delaying the release of information until after the elections.

Chidambaram’s comments underscore a growing concern that the SBI, as India’s premier banking institution, is catering to the government’s interests rather than championing transparency.

The contempt petition filed against the SBI calls for swift action from the Supreme Court. Chidambaram rightly urges the apex court to intervene and ensure that the bank complies with its directive well before the upcoming election. The sanctity of the democratic process is heavily reliant on transparency; any delay in disclosing vital information undermines public trust in the electoral system.

In response to Chidambaram’s criticisms, the frequent visits of Prime Minister Narendra Modi to Tamil Nadu have come under increased scrutiny. Chidambaram questions why the Prime Minister is sidestepping critical issues such as unemployment, inflation, and delays in key projects like AIIMS, Madurai. He points out the BJP’s unfulfilled promises, including the pledge to create two crore jobs annually.

Chidambaram also calls into question Modi’s recent announcements of projects amounting to ₹5.90 lakh crore, with ₹17,300 crore earmarked for Tamil Nadu. He highlights the lack of corresponding allocations in the Union budget, raising doubts about the transparency and feasibility of these announcements.

The Congress leader addresses the pressing issue of youth unemployment and elaborates on Rahul Gandhi’s five guarantees, which form part of the Congress’s manifesto.

These guarantees include filling 30 lakh vacant government posts, providing apprenticeships for post-education youth, enacting a law to prevent government recruitment exam paper leaks, extending social security for gig workers through national legislation, and establishing a ₹5,000-crore fund to support startups.

Chidambaram criticizes the BJP’s handling of the GST system, claiming it has adversely affected businesses of all sizes. He pledges that a Congress-led government would introduce ‘GST 2.0’ to rectify the flaws in the current system. He also echoes the sentiment among Finance Ministers from non-BJP ruled states, who feel that the Centre is withholding funds from them.

As the Supreme Court readies itself to address the contempt petition against the SBI, the demand for transparency in political funding becomes more pressing. The delay in releasing crucial information on electoral bonds not only challenges the court’s authority but also raises concerns about the fairness and openness of India’s electoral process.

It is now incumbent upon the judiciary to ensure that the State Bank of India meets its constitutional responsibilities and provides the necessary information without further delay. The upcoming decision by the court will undoubtedly have significant implications for the credibility of India’s electoral system.

09-03-2024

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