SC ruling on candidate’s right to privacy from voters

Source– This post on SC ruling on candidate’s right to privacy from voters is based on the article “Candidates have a right to privacy from voters, rules SC” published in “The Hindu” on 10th April 2024.

Why in the News?

Recently, the Supreme Court ruled that electoral candidates have a right to privacy, asserting that they are not obligated to disclose every detail of their personal and financial history for public scrutiny.

About the judgement

1. It has been held that a candidate’s decision to keep private those details which do not pertain to or affect their suitability for public office should not be considered a ‘corrupt practice’ under Section 123 of the Representation of People Act, 1951. Such non-disclosure would not amount to a “defect of a substantial nature” under Section 36(4) of the 1951 Act.

2. The Supreme Court observed that it is not necessary for a candidate to declare every item of movable property that he or his dependent family members owns.

3. Items which constitute a sizeable asset in itself or reflects upon the candidature, in terms of his lifestyle, must be disclosed.

4. The Court also highlighted that candidates must declare their assets to enhance democratic participation and ensure voters have the necessary information to make informed choices.

5. It recognized the voters’ right to essential information about candidates but also noted the importance of balancing this with the candidates’ privacy rights, suggesting that disclosure of every personal detail is not necessary.

UPSC Syllabus: Polity and nation