Bar Council of India Removes 107 Fake Advocates from Delhi Roll to Uphold Legal Integrity

Image
Bar Council of India Removes 107 Fake Advocates from  Delhi Roll to Uphold Legal Integrity The Bar Council of India (BCI) has taken decisive action in a sweeping initiative aimed at maintaining the integrity of the legal profession by removing 107 fake advocates  from the Roll of Advocates in Delhi  between 2019 and October 2024. This step comes as part of the BCI's rigorous verification process to ensure that only qualified, genuinely practising advocates remain in the profession, ultimately upholding public trust in the legal system. Strengthened Verification Framework Under Rule 32 This effort falls under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 . The BCI  amended Rule 32 on June 23, 2023 , which empowered the BCI to verify, identify, and systematically remove unqualified and fake advocates from the Roll. The rule amendment has made the process of weeding out non-compliant individuals significantly more efficient. Accordi
Post a Comment

Understanding Electoral Bonds: Constitutional Implications, Supreme Court Ruling, and the Future of Political Finance in India

Understanding Electoral Bonds: Constitutional Implications, Supreme Court Ruling, and the Future of Political Finance in India




Electoral bonds are a financial instrument introduced by the Government of India in 2018 as a mechanism for individuals, companies, and entities to donate money to political parties. These bonds are similar to promissory notes that can be purchased from specified branches of authorized banks and then deposited into the accounts of political parties within a prescribed time frame. The identity of the donor is kept anonymous, and the political party can encash these bonds only through a designated bank account.


Constitutional Provisions :

There are no specific constitutional provisions regarding electoral bonds in the Constitution of India. However, the use of electoral bonds is subject to the constitutional framework governing political funding, freedom of speech, and transparency in the electoral process.

The scheme operates within the ambit of various laws, including the Representation of the People Act, 1951, and the Income Tax Act, 1961. The Conduct of Election Rules, 1961, provides certain regulations regarding the declaration of donations received by political parties, but specific provisions related to electoral bonds are not explicitly mentioned.


Pros and Cons:

Pros:

1. Anonymity: Donors can contribute to political parties without fear of reprisal or undue influence.

2. Transparency: Political parties are required to disclose the amount of funds received through electoral bonds to the Election Commission of India.

3. Legality: Electoral bonds provide a legal and transparent means for funding political parties, reducing the reliance on cash donations.

4. Accountability: Political parties are held accountable for their financial transactions as they need to report the funds received through electoral bonds.


Cons:

1. Lack of Transparency: Critics argue that the anonymity of donors undermines transparency in political funding.

2. Potential for Corruption: There are concerns that electoral bonds could be used as a means for corporate entities to influence political parties without public scrutiny.

3. Inequality: Small and medium-sized political parties may face challenges in competing with larger parties that have access to significant corporate donations through electoral bonds.

4. Bypassing Contribution Limits: Electoral bonds may allow donors to circumvent legal limits on political contributions by making anonymous donations.


Importance of Explaining History, Present, and Future Perspective:

Understanding the history, present status, and future implications of electoral bonds is crucial for stakeholders, policymakers, and the public to assess its impact on the electoral process, democratic principles, and governance. Examining the evolution of electoral funding mechanisms, current practices, and potential reforms can inform discussions on enhancing transparency, accountability, and fairness in political finance.


Supreme Court Judgment:

In April 2022, the Supreme Court of India delivered a judgment declaring the electoral bonds scheme as violative of Article 19(1)(a) of the Constitution of India, which guarantees the freedom of speech and expression. The court held that the anonymity of donors facilitated by electoral bonds could lead to corruption and undermine democratic principles. The judgment emphasized the importance of transparency and accountability in political funding to uphold the integrity of the electoral process.


Comment:

The Supreme Court's decision to strike down the electoral bonds scheme underscores the significance of upholding constitutional values and principles in regulating political finance. The ruling acknowledges the potential adverse effects of anonymous donations on democratic governance and highlights the need for reforms to promote transparency, accountability, and fairness in political funding. It sets a precedent for future electoral finance laws and underscores the judiciary's role in safeguarding democratic institutions and processes.
Location: Pune, Maharashtra, India

Comments

Post a Comment

Popular posts from this blog

Evolution of Constitution under Article 14 to 18

Image
 Evolution of Constitution under Article 14 to 18 INTRODUCTION The idea of equality referenced under Article 14 to Article 18 upgrades a more extensive idea and a more extensive part of the examination as the subject of equity itself shapes a vital and powerful idea in itself. The idea of fairness overwhelms the exceptionally two significant ideas of equivalent security of law and equity under the steady gaze of the law. Likewise, the idea of uniformity wins in a wide range of establishments and accommodates equivalent freedoms for people with the abrogation of unapproachable and nullification of titles. The idea is a more extensive methodology as it is significant for society to look to each individual with a similar methodology regardless of his sexual orientation, rank, and religion. The law is visually impaired and is equivalent for each individual as it says that balance wins for each individual and each individual has the option to be secured by the law. Evolution  The fundamenta
Read more

Legal Proceedings Initiated Against Former Jharkhand CM Hemant Soren

Image
Legal Proceedings Initiated Against Former Jharkhand CM Hemant Soren Cognizance Taken by PMLA Court A Special Prevention of Money Laundering Act (PMLA) court in Ranchi has taken cognizance of a prosecution complaint filed by the Directorate of Enforcement (ED) against Hemant Soren, the former Chief Minister of Jharkhand and leader of the Jharkhand Mukti Morcha (JMM). The complaint, comprising 5,500 pages, pertains to a money laundering case related to a land 'scam'. The central probe agency has also attached 8.5 acres of land in connection with the case. Detention and Extended Custody Hemant Soren, who was arrested on January 31, is currently detained at the Birsa Munda Central Jail in Hotwar, Ranchi. His judicial custody was extended till April 4 by the PMLA court on March 21. Additionally, on February 29, the Jharkhand High Court dismissed a petition filed by Soren seeking permission to attend the budget session of the state assembly. Allegations by the Enforcement Directorat
Read more

Equality Before Law

Image
                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth." In article 14 there two  approaches which include negative
Read more