When is moveable asset sizeable enough to declare? It depends, says SC
When is moveable asset sizeable enough to declare? It depends, says SC
Current Affairs Daily Editorials
La Excellence IAS Academy | April 13, 2024 | Indian Polity
| Syllabus: GS-II, Subject: Polity, Topic: Current affairs, Issue: Important Supreme Court judgements |
Context: Supreme Court judgment on asset declaration by electoral candidates.
Key observations made by Supreme Court:
- The Supreme Court ruled that voters do not have an absolute right to know all details of a candidate’s private life.
- Candidates are not required to disclose every movable property unless it constitutes a “sizable asset.”
- The court emphasized a candidate’s right to privacy regarding matters irrelevant to their candidacy.
- It stated that non-disclosure of certain movable assets depends on the value and relevance to the candidate’s candidature.
- Candidates suppressing information about high-value assets reflecting a lavish lifestyle could constitute undue influence.
- However, non-disclosure of low-value assets may not be considered a substantial defect.
| +1 advantage for mains(Acts/Rules/Guidelines)
Representation of the People Act, 1951 ● Section-123 include bribery, undue influence, false information, and promoting enmity between different classes of citizens based on religion, race, caste, community, or language. ● Section 123(2) deals with “undue influence,” which involves direct or indirect interference with the free exercise of any electoral right, including threats, social ostracism, or spiritual coercion. ● Section 100(1)(b) allows an election to be declared void if any corrupt practice is committed by a returned candidate or their election agent. ● Sections 100(1)(d)(i) and (iv) enable a High Court to invalidate election results if there is improper acceptance of a nomination or non-compliance with constitutional provisions or election laws. |
Source: Indian Express
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