Recently, in Lok Prahari 2018 case Supreme Court (SC) has imposed the additional income disclosure norms for election candidates. Now, in addition to education, criminal background, and personal income and assets; they have to disclose the income and assets of their spouse, children, dependents, associates, and their association with government contracts.
The Lok Prahari Judgement paves the way for future constitutional intervention in electoral funding, including electoral bonds. The reasons are:-
1) Freedom of expression under 19 – is being exercised by voters when they vote. When full disclosure of information is not there voters can not make informed decision.
2) At one hand political parties claims the ownership over their candidates under anti-defection provisions. On the other hand, they maintains the position that voters need to know income and asset information of candidates only and not political parties. This is hypocritical in nature.
3) Present system of electoral funding including electoral bonds is non-transparent. This essentially destroys the democratic principles and right to equality. Few powerful rich individuals and groups can influence policy making of government through electoral funding done behind the curtains.
In past, Central Information Commission too has directed political parties to come under the ambit of RTI since they use public resources and have major impact on policy. Election Commission has also suggested instituting oversight and regulations over electoral funding. But these directives and measures were vetoed by the government. However the SC judgment in Lok Prahari Case essentially upholds the validity of Freedom of Expression under Article 19. This will enable future activists and judgements to bring political funding under more transparent mechanisms.
