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17 NUJS L. Rev. [i] (2024)

handle is hein.journals/nujslr17 and id is 1 raw text is: EDITORIAL NOTE ELECTORAL BONDS AND BEYOND: EVALUATING THE SUPREME COURT'S APPROACH TO CONFLICT OF RIGHTS Mridul Anand & Nimesh Singh* This note examines the Supreme Court's approach to resolving conflicts between fundamental rights, particularly after the recent Electoral Bonds decision. The 'double-proportionality test', while an improvement, lacks a doctrinal foundation and can led to arbitrary decisions on constitutional questions. There are several is- sues with the Indian judiciary's methodology to determine a conflict of rights, leading to a risk of arbitrary judicial policymaking. The note identifies key issues in Indian jurisprudence, including the absence of an objective metric to determine a conflict between fundamental rights as well as a context-specific approach to resolving them. The note proposes a criteria for determining genuine conflicts and the needfor contextualisation when carrying out any balancing exercise. This note advocates for a structured and principled approach to ad- judicating conflicts between fundamental rights, prioritising contex- tual analysis over abstract value judgement. I. INTRODUCTION In February 2024, in Assn. for Democratic Reforms v. Union ofIndia ('Electoral Bonds Case'), the Supreme Court of India ('SC') struck down the Central Government's 2018 Electoral Bond Scheme as unconstitutional.1 This case involved the SC's resolution * Editors, NUJS Law Review, 2024-2025. ' Assn. for Democratic Reforms v. Union of India, (2024) 5 SCC 1 : 2024 INSC 113, ¶216.

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