From UPSC perspective, the following things are important :
Prelims level: Right to Privacy, RPA
Mains level: NA
Why in the news?
- The Supreme Court affirmed a candidate’s right to privacy from voters, stating that candidates need not divulge every aspect of their personal lives and possessions to the electorate.
- It held that Voters Right to Know about the electors is NOT ABSOLUTE.
Right to Privacy in India:
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A candidate doesn’t need to declare every item of movable property, such as clothing, shoes, crockery, stationery, and furniture, unless these items are of such value as to constitute a sizeable asset in itself or reflect upon the candidate’s candidature in terms of their lifestyle – Supreme Court.
What are Corrupt Practices under the RPA?
- Section 123 of the Representation of People Act, 1951 defines “corrupt practices” to include bribery, undue influence, false information, and promotion of enmity among citizens based on religion, race, caste, etc.
- Section 123(2) deals with “undue influence,” involving interference with electoral rights through threats or promises.
- Undue influence can manifest in various forms, including threats of physical harm, coercion, intimidation, promises of reward or benefit, or exploitation of vulnerabilities.
Supreme Court’s Verdict
- Emphasis on Candidate’s Right to Privacy:
- Upholding the appeal, the Supreme Court emphasized the candidate’s right to privacy, stating that not every non-disclosure automatically constitutes a defect.
- The court highlighted that a candidate is not required to disclose every item of movable property unless it reflects upon their candidature or lifestyle.
- Case-specific Evaluation:
- The court emphasized that each case must be judged on its own merits, without applying a blanket rule.
- The Court emphasized that non-disclosure of certain personal possessions does not amount to a “defect of a substantial nature” under Section 36(4) of the 1951 Act.
- Example of “High-value” Assets:
- Suppression of high-priced assets, indicating a lavish lifestyle, would constitute undue influence.
- However, ownership of simple, low-value items may not be considered a defect.
PYQ:[2017] For election to the Lok Sabha, a nomination paper can be filed by- (a) Anyone residing in India. (b) A resident of the constituency from which the election is to be contested. (c) Any citizen of India whose name appears in the electoral roll of a constituency. (d) Any citizen of India. |
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