The Supreme Court, recently in the case of Brajesh Singh v Sunil Arora, passed a string of directions to make available information about the criminal antecedents to the voters to enable them to make informed decision.
The bench, while delivering the judgement, observed that the current scenario of criminalization in Indian political system is levelling up each passing day. It stated that even the citizens would agree to the fact that sanctity of political system could be improved by not permitting persons with criminal antecedents to hold position of law-makers.
The directions included political party to publish information regarding the criminal antecedents of candidates on their official website’s homepage, so that it would be easier for the general public to access the information.
The directions extended to Election Commission of India, where it has been directed to create a mobile application which would publish all such information about politicians, so that with just one tap, the general public gets access to required information.
It further directed ECI to carry out extensive awareness campaigns, through various platforms like TV ads, social media, prime time debates, pamphlets, websites, etc. and make voters aware of their Right to Know.
In order to maintain the compliance mechanism, the bench also directed ECI to form a separate cell for aforesaid purposes and monitor the compliance norms, and inform Court in case of violation.
However, the court also expressed its helplessness as the directions so issued do not have roots in the statutory provisions. It also stated that time and again, it had appealed to the law-makers to make amendments and take requisite steps, but all fell on deaf ears. Due to the existence of Separation of Powers, the judiciary’s intervention in the legislative arm is limited.
Leave a Reply