New Delhi: The Supreme Court on February 26 sought responses from the Union government and the Election Commission of India regarding a petition challenging unregulated election spending by political parties.A three-judge Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi issued the notice on a public interest litigation filed by the non-governmental organisation Common Cause. The bench observed that the issue raises complex constitutional questions and listed the matter for a hearing after six weeks.Appearing for the petitioner, advocate Prashant Bhushan submitted that the unbridled use of money power by political parties strikes at the heart of the democratic process.During the hearing, Justice Bagchi referred to spending limits in other jurisdictions and raised questions about the effectiveness of such regulatory measures.“There are limits on spending in the US also, but what about the friends of the candidates?” Justice Bagchi observed.He further flagged potential constitutional concerns, questioning if expenditure restrictions could violate the freedom of speech and expression through material support guaranteed under Article 19(1)(a) of the Constitution.In response, Bhushan relied on the Supreme Court’s ruling in the electoral bonds case. He submitted that the Court had already recognised the distorted impact of unchecked political funding on democracy.A similar petition seeking limits on permissible expenditure by political parties, filed by the Association for Democratic Reforms, was withdrawn from the Delhi high court in January 2024 with the liberty to file a fresh petition.The electoral bonds verdictThe present petition gains significance following the Supreme Court’s February 15, 2024, judgment in which a five-judge Constitution Bench unanimously struck down the electoral bonds scheme.The court held that the scheme, which allowed anonymous donations to political parties, violated the citizens’ right to information and infringed upon the guarantee of free speech and expression. It also struck down the corresponding amendments introduced through the Finance Act, 2017, to the Income Tax Act and the Representation of the People Act.The State Bank of India was subsequently directed to share details of all electoral bonds purchased and encashed since April 2019 with the Election Commission of India for publication. A separate petition is currently before the apex court seeking the confiscation of those funds and a court-monitored probe into alleged quid pro quo arrangements.