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Supreme Court of India 2018-02-16 partly_allowed

Lok Prahari, Through Its General Secretary S.N. Shukla vs Union of India & Others

Bench: 2 — Chelameswar

In Brief

A civil society organization (Lok Prahari) challenged the lack of transparency in candidate declarations during elections. The Court held that voters have a fundamental right under Article 19(1)(a) to know candidates' financial information, including assets and sources of income. The Court directed that Form 26 (the candidate affidavit form) be amended to require disclosure of income sources and government contracts. Non-disclosure of this information constitutes 'undue influence' (a corrupt practice). The Court ordered establishment of a permanent mechanism to monitor legislators' asset growth. However, it declined to mandate statutory amendments to the RP Act, as that is Parliament's exclusive domain, but affirmed that subordinate rules could achieve these disclosures.

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Electoral Law Representation of the People Act Candidates and Elections Right to Information Fundamental Rights Constitutional Law Democratic Processes Disqualifications Corrupt Practices Anti-Corruption

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