Name of the Case : Union of India vs. Association for Democratic Reforms
Year of Judgement : 2002
Popular Name : Poll Reforms case
Related Topic/ Issue : Criminalization of politics
Related Article/ Schedule : 19
Supreme Court Judgement:
- Right to Information for Voters: The judgement affirmed that voters have a right to know about the background, including any criminal history, of their candidates. This right falls under the freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution.
Mandatory Disclosure by Candidates: The Election Commission was directed to make it mandatory for candidates to provide information on several aspects:
(a) Criminal history: Whether the candidate has been convicted, acquitted, or discharged of any criminal offense in the past, along with details of punishment if any.
(b) Pending cases: Whether the candidate is accused in any ongoing case, particularly those punishable with imprisonment for two years or more, and details if charges are framed or cognizance is taken.
(c) Assets: Details of the candidate's and their spouse's immovable and movable assets, bank balances, etc., and those of dependents.
(d) Liabilities: Whether the candidate has any outstanding dues to public financial institutions or government.
(e) Educational qualifications: Information about the candidate's educational qualifications.
- Importance for Democracy: The judgement emphasized that democracy relies on free and fair elections, which, in turn, depend on well-informed voters. Providing voters with essential information about candidates is crucial for upholding the principles of democracy.
Impact of the Judgement:
- Implementation by Election Commission: Following the judgement, the Election Commission took action by issuing an order in 2003. This directive mandated that every candidate contesting elections to Parliament or State Legislature must provide information on the aspects outlined in the judgement.
- Electoral Offence: False information provided in the affidavit by candidates became an electoral offence. This measure aimed to ensure transparency and accountability in the electoral process, deterring candidates from providing inaccurate or misleading information.
