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SUPREME COURT’S DIRECTIVE ON ASSET DISCLOSURE IN INDIAN ELECTIONS

by | Apr 11, 2024

In a recent landmark ruling, the Supreme Court of India has provided crucial insights into the disclosure of assets by candidates contesting elections. This significant decision, prompted by a case involving Independent MLA Karikho Kri from Arunachal Pradesh, sheds light on the extent to which candidates are obligated to reveal their movable properties during the nomination process.

Background:

The controversy emerged when a petitioner challenged Karikho Kri’s election, alleging the non-disclosure of three vehicles owned by his wife and son. The petitioner argued that this omission violated the electoral process, emphasizing voters’ right to full transparency regarding a candidate’s assets.

History:

The Supreme Court overturned the Gauhati High Court’s decision, which had nullified Kri’s election due to the alleged non-disclosure of assets. The apex court emphasized candidates’ right to privacy regarding matters unrelated to their candidacy. It clarified that candidates need only disclose movable assets of substantial value or those reflecting a luxurious lifestyle.

Key Aspects in Pointers:

  • Upholding Karikho Kri’s election, the Supreme Court ruled that candidates need only disclose movable assets of substantial value or those indicating a luxurious lifestyle.
  • The court stressed that voters lack an absolute right to know every detail of a candidate’s assets, affirming candidates’ right to privacy regarding irrelevant matters.
  • Rejecting the petitioner’s argument, the court asserted that non-disclosure of every asset does not constitute a defect.
  • Candidates are required to disclose assets only if they substantially impact their candidacy, such as those with significant value or relevance to their lifestyle.

SC Order:

In a decisive move, the Supreme Court overturned the Gauhati High Court’s decision, validating Karikho Kri’s election. It clarified that candidates need not disclose every movable property unless it significantly affects their candidacy, such as by reflecting a luxurious lifestyle or substantial value.

The Supreme Court’s ruling provides much-needed clarity on the issue of asset disclosure during elections. While candidates must disclose assets with a significant impact on their candidacy, they retain privacy rights regarding irrelevant matters. This decision strikes a delicate balance between transparency in elections and the protection of candidates’ privacy, ensuring fairness and integrity in the electoral process.

Source- India Today 

Also read- CENTRE RESPONDS TO SUPREME COURT THAT INDIVIDUALS CAN CHOOSE BETWEEN AYUSH AND ALLOPATH

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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