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Electoral Bonds in India: A Corporate Governance Perspective

The Election season is upon us again, and it is only fitting that The Supreme Court of India has taken up a clutch of petitions challenging the constitutionality of Electoral Bonds that were introduced in 2017 as a means of donations to political parties.  The capital involved is expectedly huge. After all, India is the world’s fifth largest economy and the most populous nation that goes through a 5-year election cycle with an overlap between 28 state elections and the national one. Electoral Bonds, as a fund-raising instrument, are primarily targeted towards corporates – including public limited companies except for those run by the government. And while the constitutional bench of Supreme Court headed by the Chief Justice would evaluate it for constitutionality, it is important to conduct an analysis from the perspective of Companies Act 2013 as well as from the purview of good Corporate governance. This article offers an in-depth analysis of these implications.  Historical Context