It is official now. The Electoral Bond (EB) scheme, struck down as unconstitutional by the Supreme Court of India, is the single biggest scam witnessed until now in independent India. The mammoth amount of money that was anonymously funnelled into the coffers of political parties from exceptionally tainted corporate groups through this notoriously opaque scheme has also exploded, once and for all, the BJP's tall claims that it is an organisation untouched by corruption. It is now open that the scheme, birthed in 2017 by the “genteel” Union Finance Minister, the late Arun Jaitley, and midwifed by his malleable mandarins, came into being by hastily rubbishing repeated objections from the Election Commission of India (ECI) and Reserve Bank of India (RBI). But for the apex court’s current intervention, the “bondgate” would have choked India’s already limping democracy, legalised a contaminated political sphere, and scarred forever its electoral system, which has endured even while all of our neighbours intermittently relapsed into autocracy.

Even as the murky story of the sleazy iceberg and its slimy villains unfolds, let us honour a few heroes who opposed and exposed the fraud from the beginning. They include a few brave individuals and still fewer institutions like ECI and RBI that have resisted the attempts of the political bosses to undermine them.

Dr. Urjit Patel: The 24th Governor of the Reserve Bank of India, who directly conveyed his strong objections about the various aspects of the EB scheme directly to Jaitley. Born in Kenya to a Gujarati migrant business family, Patel (60) was educated at the London School of Economics and the universities of Yale and Cambridge. After serving two years, Patel became the first RBI Governor to resign, citing personal reasons in December 2018. His differences with the Modi government on various issues besides the EB, such as its profligacy, were no secret. Owing to his objections to releasing funds, Prime Minister Narendra Modi reportedly likened Patel to a “snake sitting over a horde of money”. Union Surface Transport Minister Nitin Gadkari advised Jaitley to remove him as Governor for being “inflexible and adamant”. Two days before Jaitley proposed the scheme in his union budget speech on 1 February 2017, the RBI had clearly conveyed to the Ministry of Economic Affairs that the opaque scheme would lead to large-scale money laundering, undermine the Indian banking system and open the gates for black money to enter the political realm. The apex bank also objected to the amendment made to the RBI Act through the Finance Bill 2017 to entrust the State Bank of India (SBI) as the sole bank to issue EBs. Patel’s objections to EB were recently confirmed in a book, “We Also Make Policy”, penned by former bureaucrat Subhash Chandra Garg, the secretary in the Ministries of Finance and Economic Affairs while EB was launched. Besides Patel, RBI’s Deputy Governor B.P. Kanungo and Chief General Manager P. Vijay Kumar also communicated the apex bank’s reservations over EB.

He served the IMF and some global corporate bodies before joining the RBI in 2013 as deputy governor. Patel headed the RBI when the Modi government demonetised notes. Currently, the economist is the chairman of the National Institute of Public Finance and Policy, an autonomous research body under the Ministry of Finance (MoF).

Commodore Lokesh Batra (Retd): The 77-year-old former Naval Officer who has filed the original petition in the Supreme Court against the EB. The Delhi-based Batra, a transparency campaigner, had been waging a relentless battle from the beginning to expose EBs through the Right to Information Act 2005. The evidence and documents Batra obtained under RTI exposed the illegalities, lies and manipulations that paved the way for the EB. The vital documents unearthed by Batra included the RBI’s communication on January 30, 2017, to the MoF objecting to the EB and the internal government communication documenting Finance Secretary Hasmukh Adhia’s dismissal of RBI’s objections on the same day. Immediately, Tapan Ray, Secretary in the Ministry of Economic Affairs, concurred with Adhia and Minister Jaitley and, at lightning speed, stamped his approval! Another clinching document Batra obtained was the ECI’s categorical objections against the EB scheme communicated in May 2017 to the Ministry of Law and Justice. The ECI warned that the scheme would help political parties hide illegal donations from shell companies and foreign sources. It clearly expressed its reservations against the amendments made in the Representation of People Act 1951, the Income Tax 1961 and the Companies Act 2013 to bring in the EB scheme.

These amendments did away with three vital checks and balances to ensure transparency in political funding; the stipulation that Indian corporations should give details of their political contributions in their annual statements of accounts; the cap that such donations should not be more than 7.5% of their yearly profits averaged over three years; and the ban on donations from foreign companies to political parties.

This document also proved that Jaitley’s deputy, Pon Radhakrishnan, the BJP leader from Kanyakumari and then Minister of State for Finance, misled the Parliament when he said ECI had made no objections to EB. Radhakrishnan’s response was to a query in the winter session of Parliament in 2018 from Trinamool Congress’s Rajya Sabha Member Mohammad Nadimul Haque about whether the ECI raised concerns about electoral bonds. The minister’s reply was in the negative. Haque later filed a privilege motion against Radhakrishnan. An RTI activist from Pune, -Vihar Durve- also obtained in May 2018 details of ECI’s objections against the EB, communicated to the Ministry of Law and Justice, which was in turn flagged to the Ministry of Economic Affairs.

Nitin Sethi: The award-winning journalist whose six-part investigative series—#PaisaPolitics-backed with documents obtained by Batra in the HuffpostIndia—provided the most comprehensive expose of EB's shenanigans from November 2019 onwards. He also reported that the Prime Minister’s Office ordered the illegal sale of electoral bonds just before the vital elections to various state assemblies in 2018. A trustee of The Reporters Collective, a collaborative venture of investigative journalists, Sethi has published investigative reports on political economy, natural resources, environment, climate change, economy, public finance and development for two decades.

Postscript: Commodore Batra has now pledged to expose the controversial PM Cares Fund. Let’s hope and pray that the septuagenarian encounters no untoward incidents!


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Three Heroes who fought the Electoral Bonds

9 1
22.03.2024

It is official now. The Electoral Bond (EB) scheme, struck down as unconstitutional by the Supreme Court of India, is the single biggest scam witnessed until now in independent India. The mammoth amount of money that was anonymously funnelled into the coffers of political parties from exceptionally tainted corporate groups through this notoriously opaque scheme has also exploded, once and for all, the BJP's tall claims that it is an organisation untouched by corruption. It is now open that the scheme, birthed in 2017 by the “genteel” Union Finance Minister, the late Arun Jaitley, and midwifed by his malleable mandarins, came into being by hastily rubbishing repeated objections from the Election Commission of India (ECI) and Reserve Bank of India (RBI). But for the apex court’s current intervention, the “bondgate” would have choked India’s already limping democracy, legalised a contaminated political sphere, and scarred forever its electoral system, which has endured even while all of our neighbours intermittently relapsed into autocracy.

Even as the murky story of the sleazy iceberg and its slimy villains unfolds, let us honour a few heroes who opposed and exposed the fraud from the beginning. They include a few brave individuals and still fewer institutions like ECI and RBI that have resisted the attempts of the political bosses to undermine them.

Dr. Urjit Patel: The 24th Governor of the Reserve Bank of India, who directly conveyed his strong objections about the various aspects of the EB scheme directly to Jaitley. Born in Kenya to a Gujarati migrant business family, Patel (60) was educated at the London School of Economics and the universities of Yale and Cambridge. After serving two years, Patel became the first RBI Governor to resign, citing personal reasons in December 2018. His........

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