Why did the Supreme Court rule against the Electoral Bonds? : Explained in 15 mins
Summary
TLDR2024年2月15日,印度最高法院宣布匿名选举债券计划违宪,引发了关于印度政治资金的重大争议。选举债券旨在通过合法的数字交易减少黑钱交易,但最高法院认为其侵犯了公民的知情权,可能被用作政治勒索的工具,并威胁到民主。从2018年到2024年,共售出价值165.18亿卢比的选举债券,其中人民党是最大受益者。法院的裁决引发了关于选举债券是否有利于民主的辩论。
Takeaways
- 📜 2024年2月15日,印度最高法院宣布匿名选举债券计划违宪,引发了关于印度政治资金的重大争议。
- 🏦 最高法院批评印度国家银行(SBI)未完全披露选举债券的相关信息。
- 🔍 选举债券被认为是安全的政治捐款工具,但同时也被看作是印度民主中最大的丑闻。
- 💡 选举债券的引入旨在减少黑钱交易,同时为企业提供合法的政治捐款方式。
- 💼 企业向政党捐款并非新鲜事,自1947年以来一直存在,但公开捐款可能会带来负面影响。
- 🤔 企业捐款可能影响政策制定,如降低进口关税,从而影响企业竞争力。
- 🛑 选举债券的三个主要问题:侵犯公民知情权、可能成为政治勒索的工具、影响选举的自由与公正。
- 🔑 选举债券允许公司匿名捐款,这可能导致资金来源不透明,增加黑钱流通。
- 🏷️ 选举债券的购买和兑换有明确的规则,如只能在SBI授权分行购买,且有兑换期限。
- 📊 根据民主改革协会的报告,2018年至2024年间,共售出价值16518亿卢比的2830张选举债券。
- 🥇 人民党(BJP)是选举债券的最大受益者,其次是TMC和国大党。
Q & A
2024年2月15日,最高法院做出了什么重要判决?
-2024年2月15日,最高法院宣布匿名选举债券计划是违宪的,这一判决在印度引发了关于政治资金的重大争议。
为什么最高法院批评了印度国家银行(SBI)?
-最高法院批评印度国家银行(SBI)没有披露有关选举债券的完整数据,包括捐赠者和兑换债券的政党的详细信息。
选举债券是如何被引入的,其目的是什么?
-选举债券是在2017-2018年的联合预算中由当时的财政部长阿伦·杰特利引入的,目的是通过合法的数字交易方式,让企业能够向政党提供资金,同时保持匿名。
为什么企业会向政党捐款?
-企业向政党捐款可能是因为希望获得政策上的支持或优惠,例如降低进口关税,从而在市场上获得竞争优势。
公开承认政治捐款有哪些缺点?
-公开承认政治捐款可能会导致捐赠者的声誉受损、股价下跌以及投资者信心下降,同时促进了黑钱的流通。
选举债券的五个主要特点是什么?
-选举债券的五个主要特点是:1) 任何个人或公司都可以购买;2) 发行面额为1000、10000、1万和1亿卢比的倍数;3) 购买数量没有限制;4) 只有在过去选举中获得至少1%选票的政党才能兑换;5) 只能在SBI授权分行通过支票或数字支付购买。
最高法院为什么认为选举债券计划违宪?
-最高法院认为选举债券计划违反了印度公民的知情权,捐赠者隐私不应成为交换条件,且无限制的企业捐赠违反了自由和公平选举的原则,威胁到了民主。
什么是“quid pro quo”?它在选举债券争议中扮演了什么角色?
-“Quid pro quo”是一个拉丁语短语,意为“这个换那个”,在选举债券争议中,它指的是政治党派可能利用选举债券进行敲诈,以换取捐赠者的某些利益或豁免。
为什么最高法院认为选举债券可能违反了自由和公平选举的原则?
-最高法院认为,由于选举债券允许无限制的匿名企业捐赠,这可能导致资金的不当流动,包括黑钱和外国资金,从而影响选举的公正性。
选举债券是否可能导致大型企业和政党主导印度政治?
-批评者指出,选举债券可能使大型企业和政党更容易支配印度政治,相对于小型企业和政党,这可能会加剧政治不平等。
最高法院的判决对印度政治资金的未来意味着什么?
-最高法院的判决可能会导致对政治资金的更严格监管,要求更大的透明度,并可能改变企业与政治党派之间的资金流动方式。
Outlines
📜 印度选举债券争议
2024年2月15日,印度最高法院宣布匿名选举债券计划违宪,引发了关于印度政治资金的重大争议。最高法院批评印度国家银行未完全披露选举债券数据。选举债券旨在作为政治捐赠的安全工具,但同时也被认为是印度民主中最大的丑闻。一方面,它被看作是减少黑钱交易的工具;另一方面,它被看作是印度合法的敲诈手段。视频将探讨选举债券的引入原因及其对印度民主的潜在威胁。
💼 选举债券的引入与运作
选举债券于2017-2018年的印度联邦预算中由时任财政部长阿伦·贾特利引入,旨在通过合法的数字交易方式,让企业向政党提供资金,同时保护捐赠者身份。债券类似于优惠券或礼品卡,具有五大特点:任何人或公司都可购买;面额固定;无购买上限;只有得票超过1%的政党可兑换;只能在指定的SBI分行通过支票或数字支付购买。最高法院对选举债券的批评主要集中在三个问题上:违反了印度公民的知情权;捐赠者隐私不应成为交换条件;以及无限额的企业捐赠破坏了自由和公平的选举。
🏦 选举债券与黑钱及政治影响
选举债券可能被用作获取不公平利益的工具,即所谓的'交换条件'。例如,如果一家公司因洗钱被执法局调查,执政党可能利用此信息迫使公司通过选举债券进行捐赠,以换取调查的放松。此外,一些公司的实际资本和收入与其捐赠金额不成比例,引发了关于这些公司是否有大公司背后支持的疑问。最高法院认为,选举债券可能导致大量黑钱通过不正当渠道进入政治选举过程,影响选举的公正性。
🌐 选举债券对民主的潜在威胁
最高法院对选举债券的第三个批评点是,它们可能使外国公司更容易影响印度选举。在选举债券制度下,资金转移变得更加容易,这可能导致外国资金流入并影响选举结果。此外,选举债券可能有利于大党和大公司,相对于小党和小型商人,这可能不利于印度政治的多元化。视频最后呼吁观众根据自己的理解判断选举债券的伦理性,并鼓励订阅频道获取更多商业和政治案例分析。
Mindmap
Keywords
💡选举债券
💡最高法院
💡政治资金
💡黑钱
💡国家银行
💡政治透明性
💡信息权
💡企业捐赠
💡政治影响
💡民主改革协会
💡政治献金
Highlights
2024年2月15日,最高法院宣布匿名选举债券计划违宪,引发了关于印度政治资金的重大争议。
最高法院批评印度国家银行未完全披露选举债券的完整数据。
选举债券旨在作为政治捐赠的安全工具,但同时被认为是印度民主中最大的骗局。
选举债券被认为既是遏制黑钱交易的工具,也是印度合法敲诈的法律工具。
选举债券由NDA政府在2017-18年的联合预算中引入,以解决黑钱问题。
企业向政党捐款并非新鲜事,自1947年以来一直存在。
选举债券的设计类似于优惠券或礼品卡,具有五大属性。
选举债券只能在SBI授权分行通过支票或数字支付购买。
2018年至2024年间,共售出价值1651.8亿卢比的2830张选举债券。
人民党(BJP)是选举债券的最大受益者,占所有政党捐款的47.5%。
最高法院认为选举债券违反了印度公民的知情权。
选举债券可能被用作敲诈勒索的工具,以换取政治利益。
存在疑问,选举债券的捐赠是否与执法局的调查有关。
一些公司捐赠的金额与其资本和收入不成比例,引发质疑。
选举债券可能导致无限制的企业捐赠,违反自由和公平的选举原则。
选举债券可能使外国公司更容易影响印度选举。
大党和大公司可能通过选举债券主导印度政治,对小党和商人不利。
无论哪个领域,大玩家总是比小玩家有优势。
Transcripts
hi everybody on 15th of February 2024
the Supreme Court passed a landmark
judgment and declared that the anonymous
electoral Bond scheme was
unconstitutional and this parked a major
controversy about the political funding
in India electoral bonds after all the
delays all the legal tussles and all the
political fights the data is out the
Supreme Court there slamming the SBI the
State Bank of India for not disclosing
uh the full data when it comes to the
Electoral bonds a five judge and crabbed
India's electoral bonds they have to
just submit the details of the donors
and the details of the parties which
redeemed the bonds on the other hand on
one side while the Electoral bonds are
considered to be a safe instrument of
political donation on the other side
this electoral Bond scheme is considered
to be the biggest scam in Democratic
India while on one side it is considered
to be an instrument to curve black money
transactions on the other side it is
considered to be a legal instrument of
extortion in India electoral Bond
extra so as usual let's break through
this chaos and understand step by step
what exactly are these electoral bonds
why were they introduced by the NDA
government and what exactly is there
disadv Advantage because of which it is
now considered to be a threat to the
Democracy of India so as usual we will
put out both sides of the argument so
that you can decide which side you want
to favor and by the way a kind request
to all the haters is that please watch
the video till the end and then drop a
comment because a lot of people make a
judgment with just the first half of the
video if this is clear to you let's get
started but before we move on I want to
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now people electoral Bonds were
introduced in the union budget of 2017
and 18 by our then Finance Minister Arun
jle electoral
bonds
so the first question we need to answer
is what exactly are these electoral
bonds and why were they introduced as we
all know India is known for its black
money transactions and this black money
was being used as an instrument by the
corporations to make political donations
now some people might call this donation
evil regardless of whether it is done in
black or white and today if I declare
that I am donating 10 lakh rupes to the
Amad party all the BJP supporters and
Congress supporters will start hating me
but the reality is that business and
political funding have always worked
hand inand so if they are legitimate
it's good if not then it is bad for
India but at the end of the day both
business and politics are two
interdependent pillars of the market I
repeat business business and politics
are two interdependent pillars of the
market and businesses donating money to
political parties is not a new thing at
all it has been happening since
1947 so the question is why do these
businesses donate money to the political
parties and does it mean that they get
unfair favors well let me explain let's
say you are a solar panel manufacturer
and you import your raw materials from
China and the current government has
imposed an import duty of 100% such that
the cost of your panel is shooting up
from $100 to
$200 and because of this cost shoot up
you are not able to compete with your
European competitor who is able to sell
the same panels at $150 but now if
Congress comes up and declares that they
will slash the import Duty on the
Chinese imported raw materials for solar
panels what does it mean it means that
if Congress comes to power then your
cost of solar panels will drop from $200
to $100 per panel so if this comes true
you can beat your European competitors
and you can make hundreds of crores by
selling panels to Europe so in this case
my question to you is what would you do
you will obviously donate to Congress so
that Congress can come to power remove
the import Duty and you could sell
hundreds of crores worth of products to
Europe right but the problem over here
is that if you donate money to political
parties openly then your Indian bjb
customers might start boycotting you or
sometimes a local politician might come
and threaten you and even worse if
you're a public listed company then
you're stocks will come crashing down so
now the question is in this given
scenario will you stop donating to
congress not at all you will still
donate to Congress it's just that you
will now make a donation in cash so that
nobody knows that you donated and still
your favorite party could win and when
hundreds of such companies fund their
favorite political party with thousands
of crores of donation in untraceable
cash black money is circulated and
eventually the Indian economy gets
affected
so there are three disadvantages to
openly admitting to political donations
number one the reputation of the donors
is which leads to loss in brand value
number two it might also lead to stock
dumping and the deterioration of
investors confidence and lastly because
of these consequences black money gets
circulated in the form of cash for
political funding so in the union budget
of 201718 electoral Bonds were
introduced to make sure that political
parties can get funding from businesses
through a legitimate digital transaction
and at the same time the companies only
have to declare that they have bought
electoral bonds without the need to
reveal which party they donated to the
way these bonds work is very similar to
our coupons or gift cards and they have
five major attributes firstly any person
or company can buy these bonds secondly
these bonds are issued in multiples of
th000 10,000 1 lakh and 1 CR rupes
thirdly there is no limit as to how many
of these bonds can be bought number four
only those parties which have secured a
minimum of 1% votes in the previous
election can encash these bonds and last
these bonds could be bought only at
authorized SBI branches with check or
digital payment only so you cannot buy
these bonds with cash so if I bought a
bond worth 1 CR Rupees to donate to
Congress then Congress can use the bond
like a coupon and redeem 1 CR rupees
from the bank within 15 days and if they
don't redeem it this money will get
transferred to the PM Relief Fund and
this money could be used by the Congress
for their campaigns this is how
electoral bonds work if this is clear to
let's come to the present scenario as
per a report by the Association of
democratic reforms a total of 28,30
electoral bonds worth
16,5 18 crores were sold between 2018
and 2024 and when we dug deeper into the
papers that have been released by The
SBI we understood the following things
firstly the bhartia janata party or the
BJP they have emerged as the top
beneficiary of electoral bonds wherein
they have encashed bonds worth 6,60
point 5 crores between April 2019 and
January
2024 this amount is the highest among
all political parties and BJP alone has
a total share of
47.5% of the donations similarly TMC
secured the second spot with
1,695 CR rupees and Congress got 1,
14219 CR rupees so now the question over
here is if these Bonds were curbing the
circulation of black money and still
gave a legitimate instrument to the
corporates for donation then why did the
Supreme Court call them
unconstitutional well the Supreme Court
ruled against this law for three main
reasons firstly it went against the
right to information of Indian citizens
secondly it said that the donor privacy
should not be made as a quidd pro Co
measure don't worry about it I'll
explain it in sometime and lastly it
said that unlimited corporate donations
violate free and fair elections and
hence it hinders the very thread of our
democracy so now let's understand each
of these reasons elaborately the first
reason is pretty straightforward where
the court said that the Electoral bonds
went against the right to information of
Indian citizens so in short if an
important piece of information like this
large scale donation to a political
party is kept away from the citizens it
is against the right to Information Act
if this is clear to you let's come to
the second reason to understand the
second reason we first need to
understand what is quidd proo quid proo
is a Latin phrase which means something
for something in this case the theory is
that electoral bonds could be used to
get unfair favors for example if pran's
company gets rated by the enforcement
directorate for moneya laundering then
the theory says that the political party
in power could blackmail prii to make
her donate 10 CR rupees using the
Electoral Bond and in exchange for this
donation they will let panry go so this
way a political party could use
extortion to get funding from businesses
this is the reason why in Twitter you
must have seen a lot of people make
connections between the Ed rates and the
donations made by these companies for
example at least 14 out of the top 30
companies which purchased electoral
bonds from 2019 to 2024 they faced an
action by the Central and state probe
agencies now mind you we cannot prove
whether the Ed rates and the purchase of
bonds are interdependent or not because
there could be two possible scenarios
in the first scenario the money could be
given before the Ed rate for example
vanta bought bonds between 2019 and 2022
but the Ed rates probing money
laundering in vidanta happened in 2022
and in the second scenario the money
could be given after the Ed rates for
example Ed began a money laundering
probe against future gaming in 2022 on
assets worth 49.92 crores and just 5
days after that future gaming bought 100
crores in electoral bonds and just these
two companies are amongst the top five
buyers of electoral bonds similarly the
fourth largest buyer of electoral bonds
is halia energy and they had been booked
by the CBI in 2020 in a case of alleged
corruption then we understood that halia
energy purchased bonds worth 377 crores
between 2019 and 2024 and just like this
there's a long list of 10 odd companies
the list of which I will give you in the
description so you can check it out and
then you can make a judgment but the
fact over here that we need to
understand is that there is no Clarity
on three things whether the Ed let them
go because they donated money or the Ed
let them go because they were not guilty
or the Ed has not let them go at all so
until now these two events that is the
companies donating via electoral Bond
and Ed raid these two are isolated
events and until the high court or the
Supreme Court makes a judgment we cannot
draw a correlation between these events
even though the theory of making these
connections sounds very very interesting
but at the end of the day if you ask me
is this quid pro Co Arrangement possible
absolutely yes and lastly critics point
out that there are some companies whose
total share capital and revenue are just
too low for the amount of donations that
they have made for example quid supply
chain private limited was the third
largest buyer of electoral bonds at 410
CR rupees between fi 22 and fi 24 now
this is a private company that was
created in the year 2000 with a share
capital of 13.99 crores and paid up
capital capital of 129.99 cror that's
261 cror in total and in F22 its net
profit was only 21.72 crores with a
revenue of over 500 crores in fi23 so
critics point out that for this company
to have bought electoral bonds worth 360
crores in a single Financial year of
fy22 it does not look practical and it
makes more sense if this company has a
backing from some large company and when
we look deeper we found that according
to Hindu business line quck is a
manufacturer of warehouses and storage
units and this company has links to
Reliance Industries but Reliance has
come out very clearly and clarified that
it is not a subsidiary of any Reliance
entity and here's where the facts get
hazy so we don't know anything beyond
this point if this is very very clear to
you let's come to the third reason which
says that unlimited corporate donations
violate free and fair elections so let's
understand this better you see before
2017 the companies could contribute 7.5
% of their average net profit over the
past 3 years but after electoral bonds
since companies could donate unlimited
amounts of money with anonymity it
opened up the possibility of shell
companies which could be used only to
rotate funds so it is said that these
electoral bonds could be used to channel
undocumented black money into the
political and electoral process of India
now the counterargument to this is that
if the government bans anonymity then
companies can still give cash right and
they can still fund political parties
and still ask for favors right well
unfortunately our system is not
foolproof enough to prevent cash
entirely it's just that with electoral
bonds it just becomes a little easier to
donate large amounts of money in
exchange for favors thirdly electoral
bonds make it easier for foreign
companies to spend money in Indian
elections and influence our elections
and again back when cash was used it
became difficult to transfer large
amounts of money but through electoral
bonds it was is possible to transfer a
lot of money and then influence the
elections so if this information is kept
away from the public then there is a
very high possibility that a rich
country might just pour in billions of
dollars and influence the elections in
India and this is considered to be a
threat to our democracy and again while
this influence is still possible through
a complex mechanism it's just a tad bit
more difficult and lastly critics also
point out that big parties and big
corporations together can dominate
Indian Politics as opposed to small
parties and small businessmen so in a
way it is evidently favoring bigger
Powers over smaller ones but if you ask
me my humble opinion is that no matter
which field or domain you pick the
bigger players no matter what will
always have an upper hand over the
smaller players whether that is YouTube
politics or business this is what we
could make out from why the Supreme
Court ruled against the Electoral bonds
so as usual now you can decide what is
ethical and what is not and who is right
and who is wrong but I just hope you
learn something valuable about business
and politics from this case study that's
all from my side for today guys if you
learn something valuable please make
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thank you so much for watching I will
see you in the next one
[Music]
[Music]
bye-bye
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