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But I was on page 24 of my written submissions.
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Then I'll come back to my written submissions.
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No, I am just putting myself as a contractor.
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And as I pointed out, the beginning is giving us fruits.
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Digitized money is bringing clean money into the system.
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I've given the figures of payment made by digital mode.
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Then, Kesavan and Bharti,
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In exercising the power of judicial review, the courts cannot be oblivious of practical needs of the government.
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The door has to be left open for trial and error.
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Constitutional law, like other mortal contrivances, has to take some chances.
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Opportunity must be allowed for vindicating reasonable belief by experience.
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The government, which consists of all politicians, the parliament, consisting of all people in politics, they discussed this threadbare and found that there may be some lacuna in the system, but this is under the circumstances, the best system.
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That trial and error, the government is entitled to.
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That example I thought was great.
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Then, I am not reading Mafatlal, but please come to, I am not reading AK Roy also, please treat it as red.
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Please come to
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PUCL also, it's on the same lines.
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Therefore, there is no point in duplicating.
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Then I have pointed out legitimate state interest.
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So your lordships would always balance.
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I have argued this, but I will not take your lordships time further.
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But the legitimate state interest is linked to public interest.
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So you have the right to information, no denial.
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But you have the information which company purchased how many bonds, and you have the information in public domain which party got how many electoral bonds.
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My learned friend's client is a leader of a Congress party in Madhya Pradesh.
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If anything beyond that is encouraging,
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Yes, but economy to enhance that your lawsuits can balance.
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And that would be in the legitimate states interest that public interest would be of paramount consideration when you're not just examine this model, but please see better pay better 130.
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It is submitted that judgment in PUCL and S.O.
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Malhotra, which were referred to by them, sought disclosure of information which was already in the knowledge and possession of the state authorities.
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When they say that you declare what is your property, you declare what are the criminal proceedings.
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These are all in public domain.
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At once, platform you declare, but here you are trying to
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lift the veil of confidentiality, which is, by design, made a part of the very system, and which is the pivotal part of that system.
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And even the government doesn't know it.
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Therefore, I'm giving the example of Madhya Pradesh.
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So right to information cannot be claimed from me.
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Now, your Lordships may I kindly go to Lord
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page 60, but one passage from Puttuswamy, Puttaswamy, is the majority view.
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Of course, all views are concurring except on the ground of, except the question of money.
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Privacy, a lot of people get that.
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Privacy and proportionality are two interlocking themes that recur consistently in the above judgments.
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Privacy also construed as informational self-determination is a fundamental value.
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There is a consistent emphasis on the impact on personal dignity if private information is widely available and individuals are not able to decide upon its disclosure and use.
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This right of controlling the extent of the availability and use of one personal data is seen as a building block of data protection, especially in an environment where the state of technology facilitates ease of collection, analysis, and dissemination of information.
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Daniel, I would like to kindly see how the judgments cited are different, what I have already said.
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And I'm saying that a contractor
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Yes.
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level playing field, my Lord, I have dealt with at page 64.
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But my Lord, I have already, my Lord, orally made submissions before your Lordship, my Lord.
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But kindly see, my Lord, 151, Para 151 at page 65.
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I have already marked, my Lord, which portion I'll skip and which portion I think I must assist your Lordship with.
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151 the petitioner claims that there is an unincumbent by incumbent bias as a large amount of money go to the ruling party It is submitted that whether such an incumbent bias exists And if it does what its extent would be is a question only irrelevant to determining the constitutionality of the scheme and my lord I have already said that that has been the trend Ruling party gets maximum because ruling party has the confidence of the maximum people
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Yes.
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Now, my lord, page 65, bottom.
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My lord, I have said that secrecy, per se, is not alien concept in even electoral issues.
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Secrecy of ballot.
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wants to donate to Congress would have an apprehension that BJP might continue to be in power or vice versa.
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That's something separate.
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In the uneven level playing field, you've referred to fairness of elections.
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That issue has not been addressed.
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Correct.
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Has that issue with regard to fairness in elections been, or because of the mismatch between the money part, has that been addressed here?
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Because that may be a larger picture, not specific, like Malone.
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I'll just, again, Malone, try and attempt to point out.
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No, you have argued that because of,
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Ruling party has always been getting substantially more donations.
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Average Indian voter, be it corporate or an illiterate voter, we have to accept this fact.
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If he gives donation to the ruling party in Madhya Pradesh,
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And we should be proud of that.
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He is a very intelligent decision maker.
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A ruling party in 2013, though ruling party, may not get maximum political contribution because the voter knows
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that in 2014, the wind is somewhere else.
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We have to trust his discretion.
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So ruling party is not getting maximum because of the scheme.
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That's my submission.
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According to you, otherwise, the ruling party would get maximum.
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Always.
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Even before this scheme, I have shown from 2005 to 2014, whoever was ruling party,
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He might have a element of fear that Congress might form the government.
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BJP is a ruling party in one state, state of Odisha.
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They have maximum political contribution.
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That's the trend.
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That's how the people of India contribute.
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It's not as if because of the scheme, the ruling party is getting any benefit, and there is no level playing field.
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Yes.
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I have analyzed Malhotra's secret ballot.
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That secrecy person is not antithetical to free and fair elections.
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Sometimes it enhances free and fair elections.
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Like Malhotra, in my respectful submission, the present case.
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That confidentiality, the donor wants to ensure.
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Kindly come to page 70, where I have 165, where I have attempted to address how this scheme accelerates or enhances free and fair election.
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It is submitted that a conjoint reading of the principles of secret ballot and the right to privacy and the article 21 clearly postulates that there exists a claim on part of the donors to make donations without fear of reprisal.
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It is submitted that such right would obviously not be absolute and would have to be counterbalanced with public interest and concept of free and fair elections and further optimized with policy interest of bringing the first step of shift from cash to banking channel in political donations.
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It is submitted that the balancing element in the present policy is clause 7.4 of the electoral bond scheme
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clearly provides for disclosure in case of appropriate proceedings before the competent court or criminal proceedings.
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But then I'll not bother you a lot further, but then kindly come to page 73, financial policy and limits of judicial review.
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But I'm not going to read the whole, I'll just read the highlighted part, because that would not in the facts of the case, be very, very relevant and direct for assisting your lawsuits.
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But first is Rustam Kavasji Cooper, your lawsuits, not know the judgment, but it's a bank next validation case.
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Then Garg is a better bond.
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