effective remedies and for the timely addressing of identified
lapses.
[67] The purpose of publishing the information is apparent in
Article 52 (5) which requires that this information be made known
to the public before the elections. The purpose then is to furnish
the voters
with
pertinent information
on
their
presidential
candidates so as to aid them make an informed decision.
[68] In Union of India v Association for Democratic Reforms and
Another2 a case cited at length by the Petitioner, the Supreme
Court of India dealt with a question of whether a voter has a right
to relevant information such as assets, qualifications and past
criminal behaviour of a parliamentarian. It resolved the question in
the affirmative and laid out the purpose as:
For maintaining purity of elections and a healthy democracy, voters are
required to be educated and well informed about the contesting
candidates. Such information would include assets held by the candidate,
his qualifications including educational qualification and antecedents of
his life...there is no necessity of suppressing the relevant facts from the
voters.
[69] In our case, it is a constitutional requirement that information
regarding
die
declared
assets
and
liabilities
of
contesting
candidates should be made available to the public and this serves
its purpose before elections are held. However, Article 52 (3)
makes the information on declared assets and liabilities, among
others, accessible to the public only upon being prescribed. Thus,
the second issue cannot succeed.
J29
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