PUCL v. Union of India (2003) is a landmark Supreme Court judgment that strengthened electoral transparency by recognizing the voters’ right to know the background of electoral candidates.
Background
- Filed by People’s Union for Civil Liberties (PUCL).
- Challenged the validity of government actions that diluted earlier directions requiring disclosure of candidates’ criminal, financial, and educational details.
- Built upon the earlier judgment in Association for Democratic Reforms (ADR) case (2002).
Key Issue
Whether voters have a fundamental right to information about candidates contesting elections, and whether the State can restrict this right through subordinate legislation.
Judgement
The Supreme Court held that:
- Right to know about electoral candidates is part of Article 19(1)(a) (Freedom of Speech and Expression).
- Informed voting is essential for a meaningful democracy.
- The government cannot nullify judicial directions through executive action or subordinate legislation.
Major Directions
Candidates contesting elections must disclose by affidavit:
- Criminal antecedents (pending cases and convictions).
- Assets and liabilities (self, spouse, dependents).
- Educational qualifications.
These disclosures must be made public to ensure voter awareness.
Constitutional Significance
- Linked electoral democracy with fundamental rights.
- Expanded Article 19(1)(a) beyond expression to include right to receive information.
- Reinforced the principle of free and fair elections under Article 324.
Impact
- Increased transparency in elections.
- Empowered voters to make informed choices.
- Laid the foundation for later reforms like:
- NOTA (PUCL v. Union of India, 2013)
- Enhanced candidate disclosure norms under election rules.
Limitations
- Disclosure does not automatically prevent criminalisation of politics.
- Enforcement depends on voter awareness and institutional follow-up.
PUCL v. Union of India (2003) constitutionalised electoral transparency by affirming that democracy thrives only when voters are informed, making the right to know an integral part of India’s electoral framework.
