Common Cause Case Updates
Supreme Court Cases Petition for SIT investigation in Electoral Bonds Scam (W.P.(C) No. 266/2024):
Constitutionality of the Electoral Bonds scheme, which was introduced by amending Finance Act 2017, was challenged in the Supreme Court by Common Cause and the Association for Democratic Reforms (ADR) in 2017. On February 15, 2024, the Court struck down the scheme, holding it as unconstitutional. The Bench held that the scheme violated the voters’ right to information enshrined in Article 19(1)(a) of the Constitution. The Court also struck down the amendments made to the Income Tax Act and the Representation of the People Act, which enabled such anonymous political donations. The court directed the State Bank of India (SBI) and the Election Commission of India (ECI) to make public all details associated with the sale and purchase of these bonds so that voters can see if any quid pro quo arrangements took place between corporate donors and political parties.
After the judgment, Common Cause and the Centre for Public Interest Litigation (CPIL) filed another petition in the Supreme Court in April 2024 seeking direction for a court-monitored investigation by an SIT into the instances of apparent quid pro quo between political parties, corporate donors and officials of investigation agencies.. The petition also prays for the issuance of an appropriate writ, order or direction to the authorities to investigate the source of funding of shell companies and loss-making companies as has been disclosed through the electoral bonds data; to recover the amounts from political parties where these are found to be proceeds of crime; and for investigation into the violation of Section 182(1) of the Companies Act 2013 by companies which donated to political parties through electoral bonds within 3 years of their incorporation.
Petition challenging the electoral irregularities and to ensure free and fair elections and the rule of law (W.P. (C) 1382/2019)
Common Cause, along with ADR filed a writ petition in 2019, to ensure that the democratic process was not subverted by electoral irregularities and to ensure free and fair elections. The petition highlighted the dereliction of duty on the part of the ECI in declaring election results (of the Lok Sabha and State Legislative Assemblies) through Electronic Voting Machines (EVMs) based on accurate and indisputable data which is put in the public domain. The petitioners sought a direction from the Hon’ble Court to the ECI to not announce any provisional and estimated election results before the actual and accurate reconciliation of data.
On May 10, 2024, Common Cause and ADR filed an application seeking directions from the Supreme Court to the ECI to disclose authenticated records of voter turnout by uploading scanned legible copies of Form 17C Part-I (Account of Votes Recorded) of all polling stations after each phase of polling in the on-going 2024 Lok Sabha elections. It also sought this information and polling station-wise figures of voter turnout to be uploaded on the commission’s website.
The application also prayed that Part- II of Form 17C containing candidate-wise results of Counting should also be disclosed after the compilation of results.
On May 17th, 2024, the matter was heard by CJI DY Chandrachud, Justice JB Pardiwala and Manoj Mishra. The ECI requested a fair opportunity to deal with the contents of the IA. The court granted a week to the ECI to file a response to the IA.
On May 24 2024, the application was heard by the bench of Justice Dipankar Datta and Satish Chandra Sharma and the court was not inclined to grant any instant relief.
Petition seeking directions to implement the recommendations of the National Electric Mobility Mission Plan, 2020 W.P. (C) 228/2019
Common Cause has partnered with CPIL and Jindal Naturecure Institute to seek directions for the implementation of the recommendations of the National Electric Mobility Mission Plan, 2020, promulgated in 2012 by the Ministry of Heavy Industries, and the recommendations of Zero Emission Vehicles: Towards a Policy Framework by the NITI Aayog.
The petition has said that the government’s failure to suitably implement these recommendations is the direct cause of air pollution levels that have turned our cities into virtual ‘gas chambers’ having severe negative health impacts on the lives of citizens, particularly on our children.
The petitioners have, among other things, sought directions to mandate demand, creation of requisite charging infrastructure and cross-subsidisation of Electric Vehicles by charging marginal fees on fossil fuel-based vehicles as recommended by NITI Aayog to promote gradual adoption of Electric Vehicles.
On March 11 2024, the matter was heard and the respondents were granted four weeks to file the counter affidavit. On May 6 2024, the matter was taken up by Justice Surya Kant and K.V. Viswanathan. Upon request, the court granted four weeks to the respondents and ordered the matter to be listed for hearing on July 22 2024.
Contempt Petition against Lawyers Strike: The contempt petition filed by Common Cause against the strike of lawyers in Delhi High Court and all district courts of Delhi on the issue of conflict over pecuniary jurisdiction has led to the submission of draft rules by the Bar Council of India (BCI). Earlier the Court had expressed displeasure over the lack of proper action on the part of BCI.
During the hearing on February 6, 2024, arguments by the counsels were heard. On February 9, 2024, the Court appointed Justice. S. Muralidhar, as Amicus, to examine the rules in the context of the existing judgments and objections as filed by Mr Bhushan, and to submit his report. It also granted an opportunity of hearing, if needed, to the counsels appearing for the parties. The matter was taken up on May 3, 2024, where on joint request the Court directed the registry to re-list the matter on August 13, 2024.
