Is transparency lacking in candidate disclosure?

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CategoryPolity

Last Updated15/04/2024

The Supreme Court recently held that candidates need not disclose every piece of information and possession in their election affidavit unless it is substantial in nature.

RPA 1951: Section 33 of the Representation of the People Act, 1951 (RP Act) read with rule 4A of election rules, requires every contesting candidate to file their nomination paper for elections along with an Affidavit.
Association of Democratic Reforms (ADR) Vs Union of India (2002):
- The Supreme Court held that voters have the right to know about the criminal records, income and Assets of candidates along with their educational qualification.
- This judgement resulted in Section 33A being added to the RP Act that requires details of criminal records to be part of the election affidavit.
Section 125A of the RP Act provides that failure to furnish required information, giving false information or concealing any information in the nomination paper or affidavit shall be punishable with imprisonment up to six months or fine or both.
In Public Interest Foundation Vs Union of India (2018) it was directed that both candidates as well as political parties to declare about criminal records of candidates
- At least three times before the election, in local newspapers and electronic media.

The conviction for filing a false affidavit should be a minimum of 2 years imprisonment and be a ground for disqualification.
The Trials of such cases on a must be conducted on daily basis
Persons charged by a competent court with offences punishable by imprisonment of at least 5 years should be debarred from contesting in the elections provided the case is filed at least 6 months before the election in question.