[The government’s decision to remove the cap on donations by companies
to political parties and to do away with the disclosure requirement
relating to naming the political party to which the donation was made,
goes against its own stated objective of bringing in “Transparency in
Electoral Funding”, according to former chiefs of the Election
Commission. While there is concern that this may nurture crony
capitalism, there is also a sense that it will deprive voters from
accessing information on which companies are funding which political
parties.]

http://indianexpress.com/article/india/new-political-donation-norms-hurt-transparency-courts-may-step-in-ex-cec-4590059/

New political donation norms hurt transparency, courts may step in: ex-CEC
Earlier, the Companies Act, 2013 capped political donations from
companies at 7.5 per cent of their average net profits in the last
three financial years.

Written by Sandeep Singh | New Delhi | Updated: March 29, 2017 7:24 am

***The government’s decision to remove the cap on donations by
companies to political parties and to do away with the disclosure
requirement relating to naming the political party to which the
donation was made, goes against its own stated objective of bringing
in “Transparency in Electoral Funding”, according to former chiefs of
the Election Commission. While there is concern that this may nurture
crony capitalism, there is also a sense that it will deprive voters
from accessing information on which companies are funding which
political parties.*** [Emphasis added.] “This move is not consistent
with the government’s stance on making political funding more
transparent. There is a possibility that corporates may indulge in
politics big time as they can give 100 per cent of their profit to a
party and indulge in crony capitalism and run the government,” former
Chief Election Commissioner S Y Quraishi said.

H S Brahma, former CEC, also stated that the two changes will take
away transparency from the system. “What will be the transparency if
the companies are not required to disclose the party to whom they
donated (a) large sum of money…. Individuals having money power will
see their influence growing,” said Brahma. Even a “Background Paper on
Political Finance and Law Commission Recommendations” by the Election
Commission of India in 2015 raises concern over having opaqueness in
the system. Quoting the Law Commission’s 255th report, the paper says,
“There should be an upper cap on donations by a donor to a political
party in a year. Otherwise, the same problem will persist in spite of
state funding and a few wealthy people will donate large sum to the
parties. Similarly, there should be reporting of such donation to the
public and to enforcement agencies.”

In the paper, the Election Commission had warned that “Big Money” in
politics as a major concern. “If wealthy individuals and corporates
pay to the political party or the candidate in order to make them
listen to them, this undermines the core principles of democracy and
transfers the economic inequality to political inequality,” it said in
the background paper.
While Quraishi feels that the names of political parties should be
disclosed by companies, he said that the judiciary may step in. “I
have a feeling that judiciary may enter in this matter. Just as people
have a right to know the criminal history of the candidates, there may
be a PIL seeking the right to know where their political party is
getting its funding from,” he said. India Inc has argued for secrecy,
saying that otherwise there could be a situation where a company
donating to one party may receive hostile treatment from other parties
if they come to power. This, however, is not a norm globally as
corporates in the United States and other developed economies are
required to disclose the amount and the political party they funded
during elections.

Naushad Forbes, president, CII, and co-chairman of Forbes Marshall,
said: “It is a step forward to legitimise and bring political donation
in the formal economy. But certainly, we would like to see more
transparency in the long-run.” He said a bigger concern for him would
be to see loss-making companies donating to political parties. “(That)
is a bigger corporate governance issue and I would be concerned as a
shareholder of such a company.”

The removal of cap on political contributions by companies follows the
Budget announcement of introduction of electoral bonds. In his Budget
speech last month, along with limiting the cash donation from a person
to a political party at Rs 2,000, Finance Minister Arun Jaitley had
announced the proposal to issue electoral bonds through which a donor
could buy bonds from authorised banks against cheque and digital
payments.
As per the Finance Bill amendments, the previous limit of 7.5 per cent
of average 3-year net profit for political donations is gone and
companies are no longer required to name the political parties to
which such contributions were made, though they will be required to
disclose the amount of contribution. Earlier, the Companies Act, 2013
capped political donations from companies at 7.5 per cent of their
average net profits in the last three financial years. They were also
required to disclose the name of the parties to which such
contribution was made.
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Peace Is Doable

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