False
Download Learnerz IAS app from the Play Store now! Download

$show=search/label/May%202022

 


Election Candidate UPSC NOTE

 

  • The Supreme Court held that candidates need not disclose every piece of information and possession in their election affidavit unless it is substantial in nature

  • Section 33 of the Representation of the People Act, 1951 (RP Act) read with rule 4A of election rules, requires every contesting candidate to file their nomination paper for elections along with an affidavit in a prescribed format. 

  • In Association of Democratic Reforms (ADR) Vs Union of India (2002), the Supreme Court held that voters have the right to know about the criminal antecedents, income and asset details of the candidate and his/her dependants and educational qualification of contesting candidates. 

  • This resulted in Section 33A being added to the RP Act that requires details of criminal antecedents to be part of the election affidavit.

  • Section 125A of the RP Act further provides that failure to furnish required information; giving false information or concealing any information in the nomination paper or affidavit shall be punishable with imprisonment up to six months or fine or both


  • The Law Commission in its 244th report on ‘Electoral Disqualifications’ (2014) and EC in its memorandum on ‘Electoral reforms’ submitted in 2016 had provided certain recommendations:

  • First, a conviction for filing a false affidavit should attract a punishment of a minimum of two years imprisonment and be a ground for disqualification. 

  • Second, the trials in such cases must be conducted on a day-to-day basis. 

  • Finally, persons charged by a competent court with offences punishable by imprisonment of at least five years should be debarred from contesting in the elections provided the case is filed at least 6 months before the election in question.

  • The Supreme Court in Public Interest Foundation Vs Union of India (2018) directed candidates as well as political parties to issue a declaration about criminal antecedents, at least three times before the election, in a newspaper in the locality and electronic media.

Way forward

  • Debarring chargesheeted candidates from contesting elections is likely to be misused by various ruling parties. 

  • However, the other recommendations with respect to increasing punishment for filing false affidavits and making it a ground for disqualification need to be implemented. 

  • The Supreme Court’s order to provide wide publicity of criminal records should also be strictly implemented. 

  • This would enable a discerning voter to exercise a well-informed choice


COMMENTS

Name

Amritsar,1,April 2024,301,Art & Culture,1,August 2023,251,Courses,7,Daily Current Affairs,48,December 2023,189,Disaster Management,2,Environment and Ecology,54,February 2024,228,Foundation Course,1,GDP,1,GEMS Club,1,GEMS Plus,1,Geography,67,Govt Schemes,2,GST,1,History,2,Home,3,IAS Booklist,1,Important News,71,Indian Economy,46,Indian History,2,Indian Polity,56,International Organisation,12,International Relations,58,Invasive Plant,1,January 2024,240,July 2023,281,June 2022,6,June 2023,268,March 2024,238,May 2022,17,May 2024,233,Mentorship,2,November 2023,169,October 2023,203,Places in News,2,Science & Technology,66,September 2023,205,UPSC CSE,111,
ltr
item
Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Election Candidate UPSC NOTE
Election Candidate UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2024/04/election-candidate-upsc-note.html
https://www.learnerz.in/
https://www.learnerz.in/
https://www.learnerz.in/2024/04/election-candidate-upsc-note.html
true
4761292069385420868
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content