The Centre told the top court that the government's electoral bond scheme for political funding is a "policy decision" and it can't be "faulted" for taking it.
A bench headed by Chief Justice Ranjan Gogoi said it would pronounce its order Friday on the plea filed by NGO, Association of Democratic Reforms (ADR). The NGO, which has challenged the validity of the scheme, has sought interim relief including that either the issuance of electoral bonds be stayed or the names of the donors be made public to ensure transparency in the poll process.
Attorney General K K Venugopal, appearing for the Centre, supported the scheme saying the purpose behind it is to eliminate the use of black money in elections.
"So far as the electoral bond scheme is concerned, it is the matter of policy decision of the government and no government can be faulted for taking policy decision," Venugopal said, adding the court can scrutinize the scheme after elections.
The EC, represented by senior lawyer Rakesh Dwivedi, had opposed Centre's submissions and said secrecy allowed in the electoral bonds scheme "legalises anonymity". "Anonymity must go. We want transparency. We want reforms. We cannot go one step forward and two steps backwards. We want free and fair polls," Dwivedi had said, adding that the poll panel was not against the scheme as such, rather it was opposed to "anonymity attached to it".
The Centre and the Election Commission had taken contrary stands in the Supreme Court on Wednesday over political funding with the government wanting to maintain anonymity of the donors of electoral bonds and the poll panel batting for revealing the names of donors for transparency.
The EC, which opposed the anonymous electoral bonds in an affidavit in 2017, on Wednesday, told the Supreme Court that it is not against the bonds themselves, and, instead, opposes the principle of anonymity of the bond donor and redeemer.
The Chief Justice of India (CJI) Ranjan Gogoi cited many sections in the Election Commission (EC) affidavit and asked the EC's counsel to double-check on what he was saying.
In his reply, the EC counsel insisted that he is absolutely sure that the Commission is not against electoral bonds, but is opposed to the veil of anonymity associated with such bonds.
During a recent hearing on the electoral bonds issue in the Supreme Court, the EC informed the court regarding its opposition to the anonymous electoral bonds and cited it's affidavit filed with the Law Ministry in 2017.
In the affidavit, the EC termed introduction of electoral bonds a retrogade step. The poll panel expressed concern over the non-disclosure of donor identity and clauses that may allow for shell companies and foreign entities to fund and influence Indian political parties and elections.
The government, however, contended before the apex court on Wednesday that the anonymity of the donor in case of electoral bonds is to prevent political victimisation of the donor.
(With inputs from agencies)