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SC’s Push for Further Electoral Reforms

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February 19, 2018

What is the issue?

  • Supreme Court has recently mandated candidates aspiring to contest elections to also disclosure their source of income in addition to other aspects.
  • This is in line with plethora of court directives in the same domain.

What are the significant aspects of the verdict?

  • Pronouncing the verdict on a petition filed by the NGO, Lok Prahari, SC ordered one more directive for further refining the electoral process.
  • Adding to the growing body of judicially inspired electoral reforms, the SC has asked for the additional disclosure of income source by aspiring candidates.
  • The Centre has been asked to legislate on the same, along with the mandating the disclosure of wealth of the candidates, their spouse and dependants. 
  • Further, SC has vouched for a permanent mechanism to investigate any disproportionate increase in the assets of lawmakers while in office.
  • The court has also stressed that non-disclosure of assets and their sources would amount to “corrupt practice” under Representation of People Act, 1951.
  • As the order might be perceived as judicial overreach into the lawmaking arena, the court has asked the parliament to legislate on its directives.

What forms the basis for a judicial intervention?

  • The act of voting is an expression of free speech, and that voters are rightfully required to be informed of all relevant details.
  • This logic had nudged the demand for candidates should furnish details of any criminal antecedents, educational qualifications and assets.
  • If disclosure of assets is mandatory, it is only logical to expect that the sources of income are also revealed, to establish conformity.
  • The importance for this clause is furthered by the fact that dramatic increase of assets is seen for many candidates in every successive election.
  • Notably, previous judicial orders drove the conception of ‘NOTA’ and the immediate disqualification of politicians from office upon conviction.  

How does the future look?

  • Lawmakers amassing wealth through unethical means are concerns that need to be addressed through new norms.
  • The idea of a permanent mechanism to collect data about the assets of legislators and periodically examine them is laudable.
  • The court also envisions a body that would make recommendations for prosecution or disqualification based on its own findings.
  • It is now upon the Centre and the Election Commission to work out the modalities and powers for such authorities.
  • The larger message from the verdict is that a fully informed electorate and transparent candidature will be key components of future elections in India.

 

Source: The Hindu

 

 

 

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