Voter’s Right to Know About their Candidate

The Constitution of India guarantees citizens with the right to know about the electoral candidates. In a landmark case of Union of India v. Association for Democratic Reforms, AIR 2002 SC 2112, the Supreme Court held that the amended Electoral Reforms Law passed by the Parliament violates the provision of Article 19 (1) (a) of Constitution of India. Article 19 (1) (a) provides for citizen’s right to know. The ruling was given in response to a Public Interest Petition filed by the Association for Democratic Reforms (ADR).
Further, the Court ruling made it a right for voters to be entitled to know about the criminal, educational and financial details of electoral candidates.

Constitution of India: Candidates Must Submit an Affidavit, Says SC

As per the landmark Supreme Court judgment pertaining to Article 19 (1) (a) of the Constitution of India, the electoral contestants are now required to submit affidavits along with their nomination papers.

The affidavit should include the following information:

• Whether the candidate has any criminal record or not, if so whether he has been punished with imprisonment or fine.
•  Whether the candidate is involved in any pending legal case, for an offence, which is punishable with an imprisonment for 2 years or more, prior to six months of filing nomination. If yes then the candidate must provide the details thereof.
• The details about assets owned by the candidate, his/her spouse or other dependents. The assets include movable and immovable property and bank balances.
• The details about liabilities, particularly in case of debts with public financial institutes and government dues. 
• The educational qualifications of the candidates should also be mentioned.

Further, the Court directed the Election Commission to issue a notification, making it necessary for the candidates, to give the details about the aforementioned information. On March 27, 2003, the Election Commission (EC) issued a notice stating that in case of failure to submit the affidavit, the candidate will be rejected. Also, District Election Officers are required to make available all nomination papers including these affidavits, to the general public, on request.

These reforms was introduced with an intention to familiarize the voters with their rights and responsibilities, to promote democracy, to promote transparency in the system and to ensure that people exercise their vote with complete understanding about a candidate’s suitability to the post.

pic source: asiasociety