SC Verdict:
- The court made it mandatory for candidates contesting elections and their associates to declare their assets and source of income at the time of nomination.
- The obligation of a candidate to disclose both his assets and the source of income is a part of the fundamental right of citizen to know, under Article 19 (1) (a) of the Constitution.
- The court said enforcement of a citizen’s fundamental right needs no statutory sanction from the government or the Parliament.
- A candidate’s constitutional right to contest an election to the legislature should be subservient to the voter’s fundamental right to know the relevant information regarding the candidate.
- It held that undue accretion of assets is an independent ground for disqualifying an MP or an MLA. Amassing wealth is a culpable offence by itself and a law maker can be prosecuted even without charging him for offences under the Prevention of Corruption Act.
- The court said the amassment of unaccounted wealth by lawmakers is the mark of a failing democracy. If left unattended it would inevitably lead to the destruction of democracy and pave the way for the rule of mafia.