Right to Privacy for Election Candidate

Why in News?

The recent Supreme Court judgment regarding the declaration of movable assets by election candidates in India has stirred discussion on several fronts. Here’s a breakdown of the key facts and the implications of this ruling:

Background of the Case:

• • The Supreme Court was reviewing a petition filed by an MLA from Arunachal Pradesh, who challenged a 2023 Guwahati High Court ruling that nullified his election for not disclosing ownership of three vehicles in his affidavit as per the Conduct of Election Rules, 1961.

Supreme Court’s Decision:

• • The Court ruled in favor of the candidate, asserting that candidates have a right to privacy from voters and are not obliged to disclose every movable asset. It stated that non-disclosure of certain assets does not constitute a “corrupt practice” under Section 123 of the Representation of People Act (RPA), 1951, nor does it constitute a substantial defect under Section 36(4) of the same Act.

Right to Privacy:

• • The right to privacy is a fundamental right protected under Article 21 of the Indian Constitution. It shields individuals from interference by both state and non-state entities and allows them to make autonomous life choices. The Supreme Court has affirmed the significance of privacy in various landmark judgments, including the K.S. Puttaswamy vs Union of India case in 2017.

Representation of People Act, 1951 (RPA):

• • The RPA of 1951 governs the conduct of elections and outlines the qualifications, disqualifications, and procedures related to elected representatives.
  • Section 123 of the Act defines corrupt practices, including bribery, undue influence, false information, and the promotion of enmity between different groups.
  • Section 36(4) stipulates that nomination papers cannot be rejected on grounds of non-substantial defects.
  • The Act aims to ensure the fairness and transparency of elections, preventing corrupt practices and maintaining the integrity of the democratic process.

Significance of RPA:

• • The RPA plays a crucial role in ensuring the smooth functioning of Indian democracy by regulating elections and maintaining the integrity of elected bodies.
  • It mandates the declaration of assets and liabilities by candidates and imposes penalties for corrupt practices.
  • Additionally, the Act addresses issues such as electoral funding transparency and disqualification criteria for elected representatives.

Overall, the Supreme Court’s ruling on the right to privacy in the context of election candidate disclosures has implications for electoral transparency, candidate privacy rights, and the interpretation of the Representation of People Act, 1951.