Union of India v. Association for Democratic Reforms (2002) | Right to Know & Electoral Transparency

Описание: 🎙️ Podcast Episode 126 – Landmark Vaani

Case: Union of India & Ors. v. Association for Democratic Reforms & Ors. (W.P. (C) No. ? of 2002, decided 2 May 2002)

🏛️ Court: Supreme Court of India (Bench specifics not detailed in source)

📅 Date: 2 May 2002

⚖️ Core Legal Principle: Affirmed that the right to information about electoral candidates’ criminal history, assets, liabilities, and education is a fundamental right derived from Article 19(1)(a), and that the Election Commission, under Article 324, has authority to enforce transparency in elections

✅ Episode Highlights

🔍 Key Facts:

ADR filed a PIL before the Delhi High Court seeking disclosure of personal data (criminal, financial, education) by electoral candidates. The High Court granted relief; the Union of India challenged this before the Supreme Court. The Court upheld the High Court’s direction, mandating affidavits and public disclosure for candidates.

⚖️ Legal Questions:

Does Article 19(1)(a) (freedom of speech and expression) implicitly guarantee an elector’s right to information?

Can the Election Commission under Article 324 issue binding directions requiring disclosure by election candidates?

Do such mandatory disclosures infringe upon candidates' right to privacy under Article 21?

🏛️ Supreme Court’s Verdict:

Determined that the right to information about public figures flowing from Article 19(1)(a) includes knowledge of candidates’ backgrounds.

Held that silence in a law does not limit the Election Commission, which can fill gaps under Article 324 to uphold election purity.

Ruled that privacy concerns do not override public interest when the candidate seeks public office voluntarily; disclosures are necessary for free and fair elections.

📚 Legal Impact:

Institutionalized electoral transparency, requiring candidates to file affidavits disclosing criminal and financial status before nomination.

Expanded the role of the Election Commission to enforce disclosure rules and scrutinize election expenditure.

Introduced a constitutional basis for right to information—contributing to foundational RTI jurisprudence.

🧭 Why It Matters

Empowers voters with knowledge essential to democratic choice—criminal records, education, assets of candidates are no longer hidden.

Represents a judicial affirmation that transparency and accountability are foundational constitutional values.

Established clear authority for the Election Commission under Article 324 to fill legislative gaps, bolstering electoral oversight.

Laid groundwork for later cases reinforcing transparency in political funding and candidate disclosures across India.

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