Overview
- The bench led by Chief Justice Surya Kant, with Justices Joymalya Bagchi and Vipul M. Pancholi, issued notices to the government and Election Commission, returnable on April 27.
- NGOs Common Cause and the Centre for Public Interest Litigation, represented by advocate Prashant Bhushan, argue that unchecked party spending distorts democratic competition.
- The plea seeks statutory ceilings on political party expenditure, mandatory disclosure of actual spending, and a declaration that Explanation 1(a) to Section 77(1) is unconstitutional.
- Justice Bagchi questioned how caps could be enforced given funds routed through associates or third parties and flagged potential conflicts with Article 19(1)(a) free expression.
- The filing cites Law Commission and ECI recommendations and contends that strict candidate limits are undermined because party outlays are excluded, creating an uneven playing field.