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Voters must know all about candidates: SC

"The little man may think over before making his choice of electing lawbreakers as lawmakers," said a three-judge bench comprising Justices M B Shah, B P Singh and H K Sema.

The court said candidates would have to give details on five counts:

1. Whether the candidate has been convicted or acquitted or discharged of any criminal offence in the past. If convicted, whether he or she was punished with imprisonment or fine;
2. Whether the candidate was accused, anytime within six months prior to filing his nomination, in any pending case of any offence punishable with imprisonment for two years or more, and in which charges were framed or cognizance was taken by a court of law, and if so, details thereof;
3. The assets (immovable, movable, bank balances, etc) of a candidate and of his/her spouse and that of his/her dependents;
4. Liabilities, if any, particularly whether there are any dues to any public financial institution or government body.
5. The candidate's educational qualifications.

The bench passed the order while disposing of an appeal filed by the Centre challenging the sweeping directions given by the Delhi high court on a petition filed by the Association for Democratic Reforms.

Though the Supreme Court modified the high court's order, it also said the directions given by the high court could not be termed "unjustified or beyond its jurisdiction".

The bench rejected the Centre's argument that the Election Commission could not be directed to fill a vacuum caused by the absence of proper legislation.

Justice Shah, writing for the bench, said the court was directing the commission to fill the void caused by the absence of suitable legislation so voters could be educated about the candidates seeking their mandate.

"It is the duty of the executive to fill the vacuum by executive orders because its field is coterminous with that of the legislature," he said, "and where there is inaction by the executive, for whatever reason, the judiciary must step in."

Justice Shah added, "The adverse impact of lack of probity in public life leading to a high degree of corruption is manifold. Therefore, if the candidate is directed to declare his/her spouse's and dependants' assets, immovable, movable and valuable articles, it would have its effect."

Counsel for the Congress Ashwini Kumar had said during arguments that this step would not be effective enough to break the vicious circle of unaccounted money polluting basic democracy.

PTI

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