Amendment of section 29C of Act 43 of 1951
Section 137 of the Finance Act, 2017 deals with amendment of section 29C of Act 43 of 1951. Amendment of section 29C of Act 43 of 1951 137. The Act was enacted on 17 Apr 2017.
Amendment of section 29C of Act 43 of 1951
137. In the Representation of the People Act, 1951, in section 29C, in sub-section (1), the following shall be inserted, namely:—
'Provided that nothing contained in this sub-section shall apply to the contributions received by way of an electoral bond.
Explanation:—For the purposes of this sub-section, "electoral bond" means a bond referred to in the Explanation to sub-section (3) of section 31 of the Reserve Bank of India Act, 1934.
Section 137, The Finance Act, 2017.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Association For Democratic Reforms vs Union Of India
Court's Decision & Legal Precedent
The Electoral Bond Scheme violates Article 19(1)(a) by preventing disclosure of electoral contributions essential to informed voting. Voters have fundamental right to information about political funding as political parties are focal units in electoral system affecting policy outcomes. The purposes cited (curbing black money and protecting donor privacy) do not justify this extensive non-disclosure. Alternative measures like Electoral Trusts, direct banking channels with disclosure at Rs. 20,000+ threshold, and sector-specific audit requirements satisfy the objectives with lesser impact on fundamental rights. Removal of contribution caps in Section 182 of Companies Act is manifestly arbitrary as it fails to distinguish between profit-making and loss-making companies and treats corporations like individuals despite different capacities to influence politics. The right to know trumps donor privacy in balancing analysis as political contributions are public acts affecting public policy and representative democracy.
On this section: Exempted contributions through electoral bonds from disclosure. Held unconstitutional as it violated right to information of voters.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 137
What have the courts held on Section 137 of the Finance Act?
Association For Democratic Reforms vs Union Of India (15 Feb 2024) is the leading judgment on this section among those set out below: Exempted contributions through electoral bonds from disclosure. Held unconstitutional as it violated right to information of voters.
How do I find court cases under Section 137 of the Finance Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Finance Act 2017 137, section 137 Finance Act 2017, section 137 of the Finance Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Association For Democratic Reforms vs Union Of India (15 Feb 2024).
When was Section 137 of the Finance Act enacted?
Section 137 of the Finance Act, cited as Finance Act 2017 137, was enacted on 17 Apr 2017. It is in force as at the date shown on this page.
Other sections of this Act
- First Schedule. Income-tax8321 words
- 2. Income-tax4071 words
- 148. Amendment of Chapter VIB1616 words
- 47. Amendment of section 115JB1176 words
- 6. Amendment of section 10856 words
- Sixth Schedule. Sixth Schedule820 words
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