The Hindu : Blanket ban on information impermissible, says SC

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Sunday, Mar 16, 2003

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Blanket ban on information impermissible, says SC

By J. Venkatesan

NEW DELHI March 15. W hile quashing the amended electoral law, the Supreme Court has observed that a blanket ban on the dissemination of information by candidates at the time of filing their nominations was impermissible.

A three-Judge Bench, comprising Justice M.B. Shah, Justice P. Venkatarama Reddi and Justice D.M. Dharmadhikari, also rejected the contention of the Central Government and the BJP that the amended law filled the vacuum and was a valid legislation.

The court by its May 2, 2002 judgment on a public interest petition had held that a candidate should furnish information regarding his criminal antecedents, assets and liabilities and educational qualification.

The Election Commission issued a notification on June 28, 2002 incorporating this judgment and issued five directions, two in respect of criminal antecedents, two relating to assets and liabilities and one pertaining to educational qualification.

By virtue of introduction of Sec. 33 B to the Representation of the People Act, except the one relating to criminal antecedents, the other points were dispensed with. Insofar as the furnishing information on assets and liabilities, it was modified to the effect that such information could be given to the Speaker of the State Legislature or Parliament after the candidate was declared elected.

Allowing the petitions filed by PUCL and others challenging this provision, the Bench said the legislative provision should be such as to promote the right to information to a reasonable extent, if not to the fullest extent on details of concern to the voters and citizens at large.

The Bench noted that while enacting legislation, the legislature should ensure that the fundamental right to know about the candidate was reasonably secured and crucial information was not denied.

"A blanket ban on dissemination of information other than that spelt out in the enactment, irrespective of the need of the hour and future exigencies and expedients, is impermissible", the Bench added and said "the right to information should be allowed to grow rather than being frozen and stagnated''. Exposure to public scrutiny was one of the known means for getting clean and less polluted persons to govern the country. The voter must have necessary information so that he could intelligently decide in favour of a candidate.

The Bench said that for having a free and fair election and not to convert democracy into a mobocracy and mockery or a farce, information to voters was a prime necessity. Making it clear that the judgment would have only prospective effect, the Bench directed the Election Commission to issue revised instructions to ensure its implementation.

The Bench, however, said the Commission's earlier instructions insofar as verification of assets and liabilities by means of summary enquiry and rejection of nomination paper for furnishing wrong information.

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