Can decision of supreme court can be changed by president of india in the context of electoral bond ?
No, the decision of the Supreme Court cannot be changed by the President of India. According to Article 141 of the Indian Constitution, the law declared by the Supreme Court is binding on all courts within the territory of India. The President's powers are outlined in Article 74, and they do not include altering judicial decisions.
In the context of electoral bonds, the Supreme Court’s recent judgment declared the electoral bonds scheme as ultra vires, meaning it goes beyond the legal authority granted by the Constitution. This landmark decision was rendered on February 15, 2024. The court found the scheme unconstitutional and manifestly arbitrary, striking down the provision that allowed blanket anonymity to political donors.
Now, let’s address the role of the President of India in altering Supreme Court decisions. According to Article 143 of the Indian Constitution, the President has advisory jurisdiction and can consult the Supreme Court on questions of law or fact that are of public importance. If such a question arises, the President may refer it to the Supreme Court for consideration.
However, it’s essential to note that the President’s role is advisory. The President cannot directly change or reverse a Supreme Court decision. The court’s judgments remain binding unless they are reviewed or modified through the established legal process, such as a review petition or an appeal.
In summary:
The Supreme Court’s decision on electoral bonds is final and binding.
The President can seek the court’s opinion through Article 143, but this does not alter the court’s judgment directly.
The court’s ruling promotes transparency and accountability in political funding, and any attempt to undermine it would be contrary to the principles of democracy and the rule of law.
It's obviously No
The Supreme Court’s decision on electoral bonds is final and binding.
The President can seek the court’s opinion through Article 143, but this does not alter the court’s judgment directly.