SC wants disclosure of sources of income of candidates, spouses

The Supreme Court on Friday directed for disclosure of sources of income and assets of all the candidates, along with their spouses and dependents, in elections.

A bench of Justices J Chelameswar and S Abdul Nazeer passed a slew of directions for reforming the electoral process. The court said undue accretion of assets of legislators and their associates is certainly a matter which should alarm the citizens and voters of any truly democratic society.

"If left unattended it would inevitably lead to the destruction of democracy and pave the way for the rule of mafia," it said.

The court asked the Centre to put in place a mechanism to periodically collect data of the elected representatives, their spouses and dependents to examine whether there was any "disproportionate increase" in their assets and recommend appropriate action in such cases.

It said the "purity" of electoral process was fundamental to the "survival of a healthy democracy".

The top court also said that as per the mechanism, details regarding disproportionate hike in the assets of elected representatives, their spouses and dependents should be placed before the "appropriate legislature" to consider the eligibility of such lawmakers to continue as Members of Parliament and Assemblies.

The court passed its 56-page judgement on a petition filed by NGO, Lok Prahari, which sought creation of a permanent mechanism to investigate candidates whose assets have grown disproportionately during their tenure as MLAs or MPs. The petitioner also sought a direction to the candidates contesting polls to disclose their sources of income.

Non-disclosure of assets and the sources of income of the candidates and their "associates", which include their spouses and dependents, would constitute a "corrupt practice" under the provision of the Representation of People (RP) Act, 1951, the court said.

The court directed the amendment in the rules requiring candidates and their associates (spouse and dependents) to declare their sources of income.