CANDIDATES HAVE A RIGHT TO PRIVACY FROM VOTERS, RULES SC

Why in the news?

Supreme Court rules on candidates’ right to privacy regarding disclosure requirements in election affidavits, clarifying relevant asset declaration.

Key Points of the Verdict:

  • Candidates are not obligated to reveal every detail of personal life.
  • Non-disclosure is not considered a ‘corrupt practice’ unless directly relevant to candidacy.
  • Assets need not be disclosed unless substantial or indicative of lifestyle affecting candidacy.
  • The Supreme Court verdict asserts election candidates’ right to privacy.
  • Clarifies disclosure requirements under the Representation of People Act, 1951.
source:scribd
About Section 123(1) of the Representation of the People Act, 1951:

  • Section 123(1) of the Representation of the People Act, 1951, pertains to corrupt practices during elections and can be challenged in an Election Petition before the High Court.

What is the Right to Privacy ?

  • Right to privacy encompasses the right to be left alone and control over personal information.
  • Established as a fundamental right by the Supreme Court in K.S. Puttaswamy v. Union of India in 2017.
  • Protected under Article 21 and Part III of the Constitution.
  • Restrictions permissible if they meet legislative mandate, pursue legitimate state purpose, and are proportionate to achieve democratic goals.

source:https://www.thehindu.com/news/national/candidate-has-a-right-to-privacy-need-not-disclose-every-belonging-unless-substantial-sc/article68046109.ece