True that the EBS per se does not abolish the black money culture in India. Even when there was EBS, other dubious transactions did prevail. Therefore, the criticism that the judgment would revive the flow of black money is clearly unfounded. To curb black money, we need radical measures and political will. No court verdict can ever substitute a political process.
Electoral reforms also are part of larger political reforms and therefore the Supreme Court verdict needs to be taken forward politically. It is essential to eradicate the flow of big money through public funding of elections in a plausible way which, however, should not burden the taxpayer disproportionally. In the age of advanced digital facilities for communication, spending too much on elections is a sinful luxury.
The concerns on the prevailing system of electronic voting machines (EVM) also should be immediately addressed and resolved. There is a need to further regulate the inflow of foreign funds by strict implementation of the Foreign Contribution (Regulation) Act (FCRA) by clearing the loopholes. It is also important to understand that the quid pro quo phenomenon is not limited to EBS. The nation needs eternal vigilance against the unholy nexus between the political power centres and the capital. Elections are essential in a democracy. But we also need to democratise the elections. That can happen only with the political education of the voters.
Kaleeswaram Raj
Lawyer, Supreme Court of India
