Directing reforms

Directing reforms

Context:

Recently, in a landmark judgement the Supreme Court has imposed an additional disclosure norm for candidates contesting elections.

About the Supreme Court Verdict:

• The Court has asked the Centre to amend the rules as well as the disclosure form filed by candidates along with their nomination papers, to include the sources of their income, and those of their spouses and dependents.
• The court has also asked for the establishment of a permanent mechanism to investigate any unexplained or disproportionate increase in the assets of legislators during their tenure.

Other Similar Verdicts aimed at preserving the purity of the electoral process:

• To provide the ‘NOTA’ option in voting machines,
• Striking down a clause that saved sitting legislators from immediate disqualification upon conviction
• The Court had ruled that the act of voting is an expression of free speech, and that it is part of this fundamental right that voters are required to be informed of all relevant details about a contestant. This led to the rule that candidates should furnish details of any criminal antecedents, educational qualifications and assets.

Why it is logical that the sources of income of candidates be disclosed?

• If disclosure of assets is mandatory, it is only logical that the sources of income are also revealed.
• It is often seen that there is a dramatic increase in the assets of candidates at every election over what was disclosed in previous affidavits. Therefore, it stands to reason that any rise should be explained or probed.

Way ahead:

• The idea of a permanent mechanism to collect data about the assets of legislators and periodically examine them is appreciable. However, but it is not clear which authority will run it.
• The court envisions a body that would make recommendations for prosecution or disqualification based on its own findings.The Centre and the Election Commission will have to jointly address the issue.
• The verdict clearly highlights that a fully informed electorate and transparent candidature will be key components of future elections in India.