The Supreme Court on Thursday struck down a major portion of the Electoral Reforms Law, saying candidates must declare their assets and all pending criminal cases against them at the time of filing nominations.
A three-judge bench comprising Justice M B Shah, Justice P V Reddi and Justice D M Dharmadhakari gave separate but concurring judgements holding that the amendment to the Section 33 B of the Representation of Peoples Act were "illegal and null and void."
The bench said the attempt by the Government of India to introduce electoral reforms was half-hearted and not
enough to stop money and muscle power from playing a role in the election.
The bench said the Election Commission must issue a new guideline for implementation of the present judgement.
The bench said the width and amplitude of the rights of voters to know about the antecedents of the candidates was
different from their right to information from the media.
"The freedom to vote is equal to the right of expression and hence this new legislation which curtailed this right could be held to be violative of Article 19 which guarantees right to freedom of expression," the bench said.
