Election Laws:

Representation of the People Act, 1951:

Section 33B-Prohibition regarding disclosure or furnishing of

information in respect of candidate's election, which is not required to be

disclosed or furnished under the Act or the rules made, despite directions

issued by Supreme Court-Constitutional validity of-Held: right of voter to

know antecedents of contesting candidate is a fundamental right under Article

19(J)(a)-Such right could be abridged by passing legislation under Article

19(2)-lmpugned provision not justified or saved under Article 19(2)-Hence

illegal, null and void-Constitution of India, 1950-Articles 245 and 19(J)(a).

Issuance of directions to Election Commission with regard to furnishing

of information by contesting candidates in Association for democratic

reform's case by Supreme Court-Election Commission directing wrongful

information would lead to rejection of nomination paper-Justification of-

Held: Such direction not justified- Commission directed to revise instructions.

Constitution of India, 1950:

Article 245-Legislature-Powers-Scope of-Held: Legislature can

remove the defect which is the cause for invalidating law by the Court by

appropriate legislation subject to legislative competence-However, it cannot

ask instrumentalities of State to disobey decisions given by Court.

Article 19(/)(a):

Freedom of speech and expression-Right to know antecedents of

candidates-Held: ls facet of Article /9(J)(a)-Such information to voter is

necessary for free and fair election in turn for survival of democracy-Further

such right is independent of statutory right under election law-Merely because

right to vote and contest for election is a statutory right, such fundamental

right cannot be abridged by statutory provisions.

Right of voter to know antecedents of candidates-Nature of-Held: Is

not a derivative fundamental right, as there is no such concept but a

fundamental right-Hence legislature cannot nullifY it.

Article 21--Right of privacy-Infringement of-Declaration about

criminal antecedents of candidates an{i his assets and liabilities-Held: Such

declaration does not infringe his right to privacy.

Articles 145(3) and 19(/)(a)-Matter involving substantial question of

law as to interpretation of constitutional provisions- Reference to five Judge

Bench-When called for-Discussed-Held: On facts, in earlier decision

Supreme Court holding right of voter to know. antecedents of candidate as his

fundamental right under Article 19(/)(a)-Decision attaining finality-Thus,

no question requiring interpretation of constitutional provisions-Hence no

need to refer the matter to five Judge Bench in subsequent case-Also in

earlier case no plea raised that question be referred to f!Ve Judge Bench.

Article 32-Challenge of vires of the Act-Notice to Attorney Genera/-

Compliance of-Held: When Union of India is party-respondent and Solicitor

General is appearing before the Court, notice to Attorney General is not

required-Practice and procedure.