India Explained
Struck downBJPAtal Bihari Vajpayee, coalition government

Candidate Disclosure Ordinance and RPA (Third Amendment) Act, 2002

After the Supreme Court ordered candidate affidavits on cases, assets and education, an ordinance and Act narrowed disclosure to criminal cases; the Court struck down Section 33B in 2003.

Election Commission

Facts

  • On 2 May 2002, in Union of India v. Association for Democratic Reforms ((2002) 5 SCC 294), the Supreme Court held that voters have a right to know candidates' antecedents under Article 19(1)(a) and directed the Election Commission to require affidavits on criminal cases, assets and liabilities, and educational qualifications [2][3].
  • In July 2002 the Centre convened an all-party meeting before the Election Commission's order was implemented; Deputy Prime Minister L. K. Advani and Law Minister Jana Krishnamurthi represented the government [4].
  • An ordinance was promulgated (on 24 August 2002, according to secondary reports) and was followed by the Representation of the People (Third Amendment) Act, 2002 (Act 72 of 2002) [1].
  • The Act inserted Section 33A (disclosure of pending cases in which a charge has been framed for offences punishable with two years or more, and of convictions, by sworn affidavit), Section 33B and Section 125A (penalty for a false affidavit) [1].
  • Section 33B provided that, notwithstanding any court judgment or Election Commission instruction, a candidate need not disclose information not required by the Act or rules [1].
  • On 13 March 2003 in People's Union for Civil Liberties v. Union of India ((2003) 4 SCC 399), the Supreme Court struck down Section 33B as violating Article 19(1)(a) [1][2].

Why

Reasons given by those who did it

  • The government said it would seek the views of all parties before implementing the Election Commission's order [4].
  • The government pointed to practical difficulties, stating that returning officers would not have the expertise or mechanism to check the authenticity of the information candidates provided [4].
  • Parties said the Supreme Court had not directed that failure to furnish details should lead to disqualification of a candidate [4].

Criticism of that reasoning

  • The Supreme Court held in 2003 that Section 33B froze the right to information by nullifying judgments and Election Commission directions requiring disclosure [2].
  • The Act as drafted required disclosure of cases where charges were framed but not of those where a court had only taken cognizance, which the Supreme Court later noted was inconsistent with its earlier directions [1].

Benefits and concerns

Benefits (2)

  • Placed candidate disclosure of criminal cases on a statutory footing.Section 33A required a sworn affidavit, displayed by the returning officer, on pending cases with charges framed and on convictions [1].
  • Added a penalty for false affidavits.Section 125A, inserted by Act 72 of 2002, penalises a candidate who furnishes false information or conceals information in an affidavit [1].

Concerns (2)

  • Section 33B overrode court-ordered disclosure of assets, liabilities and education.The Supreme Court struck down Section 33B in March 2003 as violating Article 19(1)(a) [1][2].
  • Section 33A left out cases where cognizance had been taken but no charge framed.The Supreme Court noted in 2019 that this was despite its earlier order that such cases should also be furnished; PUCL (2003) addressed the gap [1].

Evidence points

−3.0
points, mean of two scorers (scale −25 to +25)
−5 to −1
range between the two scorers' totals
Medium confidence
2 criteria where scorers differ
ReachHow many people did the action materially affect?
Mean +2.0A +1B +3Scorers differ
Outcome evidenceDo official or independent data show the intended result (or its opposite), compared with the era baseline and peers?
Mean −0.5A −1B 0
Cost and sustainabilityIs the fiscal cost proportionate, and is the effect durable?
Mean −1.0A −2B 0Scorers differ
Process and rightsWas it made with debate, consultation and legal soundness, and did it respect rights and court rulings?
Mean −3.0A −3B −3
DeliveryWas it implemented as announced, on time and at scale?
Mean −0.5A 0B −1

Positive meanNegative meanScorer AScorer B

Scorer A. Section 33B overrode court-ordered disclosure and was struck down in 2003, leaving only a partial statutory disclosure regime.

Scorer B. Section 33B, overriding court-ordered disclosure, was struck down by the Supreme Court in 2003 as violating voters' right to information.

Context used when scoring

Era baseline
Before the Supreme Court order of May 2002, there was no requirement for candidates to file affidavits on criminal cases, assets or education; disclosure was introduced by court order rather than statute.
Lag before outcomes show
1 year
Uncertainty
Medium confidence. Scorer totals are −5 and −1. How uncertainty is shown.

In depth

This entry covers a legislative response to a Supreme Court order. In May 2002 the Court asked the Election Commission to obtain affidavits from candidates on criminal cases, assets and liabilities, and education. The Centre held an all-party meeting in July 2002, and in August issued an ordinance later replaced by the Representation of the People (Third Amendment) Act.

The Act made criminal-case disclosure statutory, with a sworn affidavit and a penalty for false statements. It also provided in Section 33B that candidates need not disclose anything beyond what the Act and its rules required, regardless of court orders or Election Commission instructions.

The government stated practical concerns about verification, and parties objected to a disqualification condition. Critics argued that the Act reversed the Court’s order. In March 2003 the Supreme Court struck down Section 33B and restored disclosure of assets, liabilities and education through Election Commission directions. The entry is marked struck-down because the contested part of the Act no longer operates; Section 33A and Section 125A remain.

Sources

  2. People's Union of Civil Liberties (PUCL) v. Union of India (2003)
    Columbia Global Freedom of ExpressionAcademic

Last reviewed .Report an error orchallenge a score.

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Fact files that share a sub-category with this action. They are not scored.

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    Election Commission of India

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