ValkyaEditorial

Tagged “transparency”

3 articles on transparency.

Landmark JudgmentSupreme Court of India

Public Interest Foundation v. Union of India: disclosure-and-publicity in place of judicial disqualification

On 25 September 2018 a five-judge Constitution Bench led by Chief Justice Dipak Misra — Misra CJ, Nariman, Khanwilkar, Chandrachud and Indu Malhotra JJ. — declined to judicially bar persons against whom charges had been framed from contesting elections, holding that the disqualification regime under Articles 102 and 191 read with Section 8 of the Representation of the People Act 1951 is exhaustive and that only Parliament can add. The Bench instead issued five binding directions on Form 26 disclosure, party-website publication and three-times newspaper-and-electronic-media publicity post-nomination, and urged Parliament to legislate decriminalisation. The framework was extended in Rambabu Singh Thakur (2020) — 48-hour publication and selection-reasons requirement — and enforced through contempt in Brajesh Singh (2021).

Valkya Editorial··16 min
Landmark JudgmentSupreme Court of India

RBI v. Jayantilal Mistry: RTI, fiduciary privilege, and bank inspection reports

On 16 December 2015 a two-judge bench of the Supreme Court rejected the Reserve Bank of India's standing defence that its inspection reports, willful-defaulter lists and supervisory communications with banks were protected from disclosure under Section 8(1)(e) of the Right to Information Act 2005 as fiduciary information. The judgment is the foundational Indian authority on regulator–regulated transparency and continues to shape RTI practice into the DPDP era.

Valkya Editorial··11 min
Landmark JudgmentSupreme Court of India

Association for Democratic Reforms v. Union of India: how the Electoral Bonds Scheme was unanimously struck down

On 15 February 2024, a five-judge Constitution Bench unanimously struck down the Electoral Bonds Scheme and the Finance Act, 2017 amendments to the RBI Act, Companies Act, Income Tax Act, and Representation of the People Act that had enabled it. The judgment held the architecture violated the voter's right to information under Article 19(1)(a), failed the proportionality test, and could not be sustained on the asserted ground of donor confidentiality. A digest of the bench, the doctrinal logic, the consequential directions to SBI to disclose bond purchase and redemption data, and what the judgment now requires.

Valkya Editorial··9 min