In the realm of modern democracies, where the public eye scrutinizes every aspect of a candidate’s life, the right to privacy stands as a cornerstone safeguard for individuals venturing into the political arena. Embedded within the fabric of democratic principles, the right to privacy serves as a shield, protecting candidates from undue intrusion into their personal lives while enabling them to engage in the political discourse with autonomy and integrity. As aspiring leaders navigate the complex landscape of election campaigns, the preservation of their privacy becomes not merely a matter of personal preference but a fundamental aspect of upholding democratic values. In recognizing and respecting the right to privacy for election candidates, societies uphold the principles of fairness, transparency, and individual autonomy essential for the vitality of democratic processes.
Tags: GS Paper – 2- Judiciary
For Prelims: Supreme Court, Election Commission, Right to Privacy, Representation of People’s Act, 1951.
For Mains: Balance between the Right to Privacy and Transparency in the Electoral Process, Electoral Reforms, Making elections more fair and transparent.
Context:
- Recently, the Supreme Court of India ruled that election candidates are not required to declare every movable asset, asserting their right to privacy from voters’ scrutiny.
What are the Key Facts About the Case?
- The Supreme Court reviewed a petition filed by an MLA from Arunachal Pradesh contesting a 2023 Guwahati High Court ruling that invalidated his election for failing to declare three vehicles as assets in his election affidavit as per the Conduct of Election Rules, 1961.
- The petition alleged that the candidate violated Section 123 of the Representation of People Act (RPA), 1951 by not disclosing ownership of the vehicles, constituting a “corrupt practice.”
- The Supreme Court determined that a candidate’s decision to maintain privacy on matters irrelevant to their candidacy did not constitute a “corrupt practice” under Section 123 of the RPA, 1951.
- Furthermore, such non-disclosure did not qualify as a “defect of a substantial nature” under Section 36(4) of the 1951 Act.
- The court emphasised that voters have a right to essential information to make informed voting decisions.
Right to privacy:
- The right to privacy is a fundamental right safeguarding the personal sphere of individuals from intrusion by both governmental and non-governmental entities, enabling individuals to make independent life decisions.
- In the landmark case of K.S. Puttaswamy vs Union of India in 2017, the Supreme Court affirmed privacy as an inherent and essential right, encompassing personal information and individual choices.
- This right is enshrined within Article 21, protecting the autonomy and personal liberty of individuals.
What is RPA 1951 and the Corrupt Practices under the Act?
About:
- The Representation of People Act (RPA) of 1951 governs the conduct of elections and the qualifications and disqualifications of elected representatives.
Provisions:
- It regulates the conduct of elections.
- It specifies the qualifications and disqualifications for membership in the parliament of legislative houses.
- It provides provisions to curb corrupt practices and other offences.
- It lays down the procedure for settling doubts and disputes arising out of elections.
- Section 36(4) in the Act of 1951 mentions that the returning officer shall not reject any nomination paper on the grounds of any defect that is not of a substantial character.
Corrupt Practices under RPA, 1951:
- Corrupt Practices: Section 123 of the Act defines ‘corrupt practices’ to include bribery, undue influence, false information, and promotion of “feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language” by a candidate for the furtherance of his prospects in the election.
- Undue Influence: The section defines undue influence as any direct or indirect interference, including threats, that hinders the free exercise of electoral rights.
- Disqualification: Section 123(4) allows disqualification of an elected representative for certain offences, corrupt practices, failure to declare election expenses, or having interests in government contracts or works.
Significance:
- The act is significant for the smooth functioning of Indian democracy as it bars the entry of persons with criminal backgrounds into representative bodies, thus decriminalising Indian politics.
- The act requires every candidate to declare his assets and liabilities and maintain an account of election expenses. This provision ensures the accountability and transparency of the candidate in the use of public funds.
- It prohibits corrupt practices like booth capturing, bribery, or promoting enmity, ensuring the legitimacy and free & fair conduct of elections.
- The act provides that only those political parties that are registered under section 29A of the RPA Act, 1951, are eligible to receive electoral bonds, ensuring transparency in electoral funding
UPSC Civil Services Examination Previous Year Question (PYQ)
Prelims:
Q:1 ‘Right to Privacy’ is protected under which Article of the Constitution of India?
(a) Article 19
(b) Article 20
(c) Article 21
(d) Article 29
Ans: c
Q2. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018)
(a) Article 14 and the provisions under the 42nd Amendment to the Constitution.
(b) Article 17 and the Directive Principles of State Policy in Part IV.
(c) Article 21 and the freedoms guaranteed in Part III.
(d) Article 24 and the provisions under the 44th Amendment to the Constitution.
Ans: (c)
Mains:
Q:1 Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on the Right to Privacy. (2017)
Q:2 “There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act”. Comment. (2020)
FAQs
1. What does the right to privacy entail for election candidates?
The right to privacy for election candidates encompasses protection against unwarranted intrusion into personal matters, ensuring their ability to safeguard sensitive information like medical records, family details, and financial data from unnecessary public scrutiny.
2. Can the media legally disclose personal information about election candidates?
While the media plays a crucial role in informing the public, they must respect candidates’ right to privacy. Disclosure of personal information should be limited to matters relevant to the public interest, such as professional qualifications or policy positions, avoiding unnecessary invasion into candidates’ private lives.
3. Are there any limitations to a candidate’s right to privacy during an election campaign?
Although candidates enjoy a right to privacy, certain aspects of their personal lives may become relevant if they directly impact their ability to fulfill their duties if elected. For instance, issues related to criminal history or financial improprieties may be subject to scrutiny to ensure transparency and accountability.
4. Can political opponents or rival parties use personal information against election candidates?
While robust debate is a hallmark of democratic elections, using personal information to malign or discredit opponents may cross ethical or legal boundaries. Political discourse should focus on substantive issues rather than resorting to character attacks or invasive disclosures that violate candidates’ right to privacy.
5. How can election candidates protect their privacy amidst the digital age?
In the digital era, safeguarding privacy requires proactive measures such as controlling access to online accounts, using secure communication channels, and being cautious about sharing personal information on social media. Additionally, candidates can seek legal advice to understand their rights and recourse in case of privacy breaches.
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