‘Make background affidavit must for prez, veep polls’

Article 324 vests powers in EC to make such a rule, says Election Watch

GN Bureau | June 19, 2012



Backed by two former chief election commissioners, N Gopalaswami and TS Krishnamurthy, the National Election Watch, an NGO, has called for mandating background affidavits on criminal cases, assets etc, by the candidates in the ongoing presidential and upcoming vice-presidential elections.

The NGO said the Presidential and Vice-Presidential Election Act enacted in 1952 has no provision for the affidavit as it was then not required from those contesting to parliament or legislatures. But in 2003, the supreme court directed the election commission to get the background information on criminal records, assets, liabilities, education etc, on affidavit for the sake of the electorate to exercise their franchise with full knowledge about the candidate it is voting for.

“The president is the head of the union executive. Implementation of the supreme court judgment will bring about more transparency and will set a good example for others to follow. The election commission should take lead on this and issue appropriate orders for its implementation,” it said.

Gopalaswami said the election commission can exercise its inherent powers under Article 324 which vests powers in it for superintendence, direction and control of all elections to order the affidavits. “...it is in the fitness of things that all elected offices in the country, from the lowest level, namely the panchayats, to the highest, namely the president (and vice-president) of India, are brought within the same discipline.”

Krishnamurthy said the supreme court judgment is not clear but in continuation of its observation on the Right to Information, it “should extend to presidential electors as well for the electors to know all about the candidates before exercising their votes”.

“This is more so as the party whip does not apply to this election. The election commission can extend the logic of the SC order under its inherent powers to require the candidates to file the affidavits in the interest of free and fair elections,” Krishnamurthy stressed.

The election watch pointed out that the court order requires “information on affidavit as a necessary part of nomination paper” from each candidate seeking election to parliament and it applies to the presidential candidates as well since parliament is defined by Article 79 of the constitution as consisting of “the president and two Houses to be known respectively as the council of states (Rajya Sabha) and the house of the people (Lok Sabha)”.

In a letter to the election commission, the NGO said it would be defaulting in proper implementation of the supreme court directive if it does not take affidavits from candidates in the elections for the president and the vice-president.

“The office of the president is one of the most important positions in our country and right now it is the only public office where the candidates are not required to submit self-sworn affidavits on their background details at the time of filing their nominations,” the NGO said.

Comments

 

Other News

UPI completes 10 years of digital payments revolution

The Unified Payments Interface (UPI), launched on August 25, 2016 by the National Payments Corporation of India (NPCI) under the regulatory oversight of the Reserve Bank of India (RBI), has completed 10 years of transforming digital payments in India. UPI has emerged as the backbone of India’s digi

Here’s an I.D.E.A. for career growth and success

Success in today’s professional organisation is no longer solely determined by academic qualifications, technical expertise or years of experience. While these attributes do matter, organisations increasingly value individuals who demonstrate the right mindset and behavioural qualities. The ability

PM interacts with CEOs, founders of space startups

Prime minister Narendra Modi interacted with CEOs and Founders of 20 Space Startups at Seva Teerth on Friday.   CEOs of leading companies in the space sector working in diverse fields ranging from building rockets and reusable semi-cryogenic launch vehicles, avionics, satelli

From one cow to a dairy business

In 2012, Anita Dash wasn`t dreaming of building a dairy brand. She wasn`t studying business models or planning market expansion. Like countless mothers across India, her focus was on something much simpler: giving her children a better future.   At the time, her most valuable

Ethanol blending: The two sides of a story

India`s crude oil consumption is estimated to be around 88.5% imported from abroad. This one single figure is also responsible for why ethanol has become both an economic strategy and fuel policy at the same time. In an economy like India, which depends so heavily on foreign oil, any increase in internat

Food inflation: Not a macroeconomic statistic but a developmental indicator

India`s retail inflation shows a reassuring picture at first glance. According to the latest data, Consumer Price Index (CPI) inflation edged up to 4.38% in June 2026 from 3.93% in May 2026, but continued to remain within the Reserve Bank of India`s (RBI) target band of 4% (+/- 2%). However, beneath this

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter