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SC asking election candidates to declare asset source is not enough

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Tejinder Singh Bedi
Tejinder Singh BediFeb 17, 2018 | 21:54

SC asking election candidates to declare asset source is not enough

The Supreme Court has done well to issue a directive that all candidates contesting elections would have to disclose the source of their income along with that of their family members and close relatives. However, if the decision is limited only to asset declaration, it may not serve the broader objective of ensuring greater transparency in the electoral process and cleansing the system.

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While the increasing use of EVMs and VVPATs and independent checks by the Election Commission (EC) help to check the brazen use of "muscle power" in the electoral process, stopping the unbridled use of money power has so far proven difficult.

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The verdict has been delivered by a bench headed by Justice J Chelameswar on a petition filed by an NGO, Lok Prahari, which wanted candidates to declare sources of their income, including those of their family members and close relatives.

One hopes all political parties will take note and comply.

Under the existing system, those contesting election in the country have to declare their assets, assets of their spouses, children and other dependents, but not its source.

According to the Supreme Court order, the nomination form will now have an additional column for contestants to declare the source of their income. Though it sounds simple, it will be quite an exercise for the EC to verify the declarations as in many cases the relatives may not be willing to share the details.

This would actually require amendments in existing tax laws. A clause can be introduced to ensure details of assets, properties, bank deposits and investments of all citizens of India are made digitally available with the state having the authority to verify them.

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In September 2017, the Central Board of Direct Taxes (CBDT) told the Supreme Court that personal accounts of as many as 98 MLAs and seven MPs are under investigation for an exponential increase in wealth within a short span of time.

In an affidavit on disproportionate assets of elected politicians, the CBDT also disclosed that a preliminary assessment of assets of 42 more MLAs was being considered.

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This sudden increase in wealth was caught due to the MPs and MLAs disclosing their wealth in the nomination papers. The names of the lawmakers under probe have been submitted by the CBTD to the apex court in a sealed envelope. The Election Commission, however, is believed to have been apprised of the ongoing investigation and its details.

As per the details shared by the Association for Democratic Reforms (ADR) that inter alia analyses the criminal, financial and other details of peoples' representatives and works for electoral reforms, assets of four sitting Lok Sabha MPs have increased 12 times, while 22 others are reported to have declared a five-fold increase in their assets.

Similarly, a newly elected Rajya Sabha MP is reported to have declared an asset growth of over 21 times since his last affidavit. Seven other newly elected Rajya Sabha MPs have declared a two-fold asset rise, as per ADR.

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The Supreme Court's observation that neither Parliament nor the EC has so far paid any attention to the problem speaks a lot about the seriousness of the issue.

But electoral reforms need to go beyond just asset and its source declaration. It must look at issues of money spent in campaigning and monitoring of the enforcement of the laws related to the matter.

All political parties must come together to devise ways to build a transparent system to ensure the use of black money in elections is stopped. This will go a long way in helping the truly deserving people, who can't contest elections because of a lack of money and muscle power, join in.

Last updated: February 17, 2018 | 21:54
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