Ans:
Supreme Court held that disclosing of information including the criminal antecedents in the affidavits is an important process which helps the voter to make well informed choices. Filing of false affidavits has a direct bearing on the integrity of an election.
Ensuring free and fair elections is a basic feature of our constitution.
Recent issue of the Ex-Delhi law minister who filed false affidavit as a degree holder of law, this attempt needs to be seen as the deliberate attempt to influence voters which the principles of our constitution.
Filing of false affidavits is an issue included under Section 125 A of the RP Act. This section acted as immunity for those who are committing such frauds, as this act entitles punishment of 6 months or a fine.
Firstly, the candidate can't be disqualified for filing a false affidavit and secondly delay in the court proceedings resulting in an unduly longer period between the framing of charges and conviction. These loopholes resulted in making this provision by the offenders as a mockery on democracy.
SC had asked the Law Commission to provide framework for curtailing these kind of offences. Commission had recommended that, Section 125 A be included under the Section 8(1) of the RP Act which results in the disqualification of an elected representative for filing false affidavits.
Strengthening of the law might act as an abundant caution against these offences. But, major difficulty lies in catching these offenders as it would be difficult and lengthy process for identifying such cases and bringing them to the justice.
Supreme Court held that disclosing of information including the criminal antecedents in the affidavits is an important process which helps the voter to make well informed choices. Filing of false affidavits has a direct bearing on the integrity of an election.
Ensuring free and fair elections is a basic feature of our constitution.
Recent issue of the Ex-Delhi law minister who filed false affidavit as a degree holder of law, this attempt needs to be seen as the deliberate attempt to influence voters which the principles of our constitution.
Filing of false affidavits is an issue included under Section 125 A of the RP Act. This section acted as immunity for those who are committing such frauds, as this act entitles punishment of 6 months or a fine.
Firstly, the candidate can't be disqualified for filing a false affidavit and secondly delay in the court proceedings resulting in an unduly longer period between the framing of charges and conviction. These loopholes resulted in making this provision by the offenders as a mockery on democracy.
SC had asked the Law Commission to provide framework for curtailing these kind of offences. Commission had recommended that, Section 125 A be included under the Section 8(1) of the RP Act which results in the disqualification of an elected representative for filing false affidavits.
Strengthening of the law might act as an abundant caution against these offences. But, major difficulty lies in catching these offenders as it would be difficult and lengthy process for identifying such cases and bringing them to the justice.
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