are key to building accountability and trust which in turn
strengthens
democracy and
constitutionalism.
The
Petitioner
quoted the sentiments of the Supreme Court of India in the case of
Secretary, Ministry of Information and Broadcasting, Government
of India and Others v Cricket Association of Bengal and Others3
wherein it was observed that:
True democracy cannot exist unless all citizens have a right to participate
in the affairs of the politics of the country. The right to participate in the
affairs of the country is meaningless unless the citizens are well informed
on all sides of the issues, in respect of which they are called upon to
express
their
views.
One-sided
information,
disinformation,
misinformation and non-information all equally create an uniformed
citizenry which makes democracy a farce when medium of information is
monopolised either by a partisan central authority or by private
individuals or oligarchic organisations.
[13] In the Petitioner's view, openness demands that important
information such as declared assets and liabilities are not hidden
from the voting public who are supposed to know antecedents
including assets and liabilities of the candidates contesting in an
election for president.
[14] At the hearing, the Petitioner in augmenting his skeleton
arguments submitted that while the Respondents' argument was
that Article 52 (3) required that there should be a laid down
procedure in the subsidiary legislation of how the declaration of
assets and liabilities should be published, the 1st Respondent
published the declaration of assets and liabilities for candidates at
constituency, district and ward levels based on Regulation 20 (2) of
the Electoral Process (General) Regulations, 2016.
He contended
that Regulation 20 (2) merely stated that the information contained
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