2026 INSC 868Page 1 of 46 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. ______________ OF 2026 (Arising out of SLP (Crl.) No. 3549 of 2016) THE STATE OF KARNATAKA & ANR. … APPELLANT(S) VERSUS PRATHIK PARASRAMPURIA … RESPONDENT(S) J U D G M E N T SANJAY KAROL, J. This judgment is divided into the following parts: INDEX INTRODUCTION ................................................................................................... 2 DEMOCRACY, RULE OF LAW & ELECTIONS ................................................... 6 SCOPE AND ROLE OF ELECTION COMMISSION ........................................... 12 BLACK MONEY: A RECOGNIZED ISSUE ......................................................... 17 AMICUS’ SUGGESTIONS AND OUR ANALYSIS .............................................. 31 DIRECTIONS AND SUGGESTIONS .................................................................. 44 Page 2 of 46 “The right to vote freely for the candidate of one’s choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government.” Warren, CJ in Reynolds v.
Sims1 Leave Granted. INTRODUCTION 1. Voting in elections happens generally once every five years. This one day is the culmination of a long process that begins with the announcement of the dates by the competent authority, publication of manifestos by the competing political parties, advocating for their positions and against the positions of the others in rallies, press conferences, television advertisements, and so much more.
For the most part, the citizen is only at the receiving end of this information and campaign across various forms. Their voice is heard only on election day when the result of the votes cast by them is counted and notified. It is their one vote for every person that demonstrates the support expressed for a particular set of policies put forward. If it is that this one chance at expression is itself tainted, it would not be an understatement to say that the 1 377 U.S. 533, 1964 Page 3 of 46 very essence of democracy, which is a rule of the people, by the people and for the people, is compromised.
To put it simply, the choice exercised by the people once influenced by external factors is no longer a choice of their own. It is somebody else’s choice being thrust upon them.
2. These external factors can take many shapes and forms. Almost all of these forms, much like anything else in this world except for probably peace and contentment, require money. The law on its own does not permit any external factors to be thrust upon an individual’s choice.
Obviously then, methods that fly under the radar in exerting influence have to be adopted. Ill-gotten, undeclared money is one of the primary forms used. It is this which is called ‘black money’. PREVIOUS ORDERS 3. By order dated 5th September, 2017, this Court observed that in certain constituencies including the one in which the Respondent was a candidate, some untoward means and methods were used.
As such, notice was issued to the Election Commission of India2. The order is extracted as under: 2 EC Page 4 of 46 “Issue notice returnable within eight weeks to the Election Commission of India and Union of India. During the 2014 Lok Sabha bye-elections for Bellary constituency, the respondent’s residence and business complex were raided by the flying squad established by Election Commission of India for controlling the distribution of cash, gifts, liquor, free food etc in order to maintain the integrity of the election.
The raid was on the basis of an anonymous message alleging that the respondent had horded a large amount of counterfeit currency which was to be used for bribing the voters. One laptop, cheque books and loose cheque-leaves, a pen drive and Rs. 20,48,355/- in cash were seized during the raid. An FIR was registered, being Crime No: 0107 of 2014, on 11.04.2014, under Sections 171 E and 188 of IPC, on the allegation that the respondent was in possession of money to be used to pay the voters at the time of the election.
The respondent, filed a petition for quashing of the complaint before the High Court of Judicature of Karnataka. The High Court by an order dated 12.02.2015, quashed the FIR on the ground that there was no averment in the complaint as to whom the accused intended to bribe and the mode which he had planned to adopt. Aggrieved by the judgment of the High Court, the State of Karnataka has filed a special leave petition.
Having heard parties and on perusing the material available on record, we are of the opinion that though wide powers are vested in the Election Commission under Article 324(1) of the Constitution, they are regulated by statutory provisions as are enacted by the Parliament. We are informed that numerous criminal cases relating to crimes committed during elections are not being pursued effectively as the prosecution is completely left for the State machinery.
Although learned counsel appearing on behalf of the respondent drew our attention towards certain guidelines formulated by the Election Commission of India concerning flying squads, it would be appropriate that the Election Commission places before this Court all the guidelines framed in this regard concerning the procedures to be followed by the flying squads, or similar authorities with respect to search, seizure and prosecution of other criminal matters involving elections.” Page 5 of 46 4.
All State Governments and Union Territories were made party to these proceedings in terms of order dated 5th April 2019. It reads as under: “Learned counsel appearing for the Election Commission of India submits that he does not have the statistics about the cases of prosecution, particularly the information as regards to raids conducted and seizure of money by them during the last parliamentary elections.
Mr. R. Balasubramanian, learned senior counsel appearing for the Union of India submits that he will get necessary information from the Finance Department. It is stated by the learned counsel appearing for the Election Commission and also other learned counsel that the criminal cases initiated during the course of elections are pursued by the respective State Governments. We, therefore, feel it appropriate to issue notice to all the State Governments including Union Territories with a view to ascertain the views and information from respective State Governments/Union Territories.
Accordingly, we issue notice to all the State Governments and Union Territories to file their affidavits and appear through respective counsel on Thursday, the 25th April, 2019. List on 25th April, 2019.” On one of the occasions that the matter was listed, one of the Learned Senior Counsel appearing for the parties made a suggestion to the Court that guidelines should be framed to ensure a fair election process and to prevent the use of black money.
On 26th November, 2025, we appointed Mr. Gaurav Aggarwal, Senior Counsel, and Dr. Swapnil Tripathi, Counsel, as Amici Curiae to assist the Court. Page 6 of 46 DEMOCRACY, RULE OF LAW & ELECTIONS 5. Democracy, as is well understood, is the rule of the people, by the people, and for the people. Its origins are believed to be in the ancient city of Athens in Greece, and today it has become the most common form of Governance.
What began in Athens, however, was a form quite distinct from what we understand ‘democracy’ to be today. There, the people, to put it simply, participated in the decision-making processes themselves. When the idea travelled from Greece to Rome, the scenario changed. The people no longer took direct part but instead elected representatives who took decisions for them. It is this form that carried to the present day, albeit after a long retreat.
The resurgence began many centuries later with the Magna Carta of 1215. Ever since, there has been slow, incremental progress in various pockets around the world, which would eventually lay the seed of the democratic movement. John Locke’s Treatises of Government, Rousseau’s social contract, and Montesquieu’s separation of powers are ideas fundamental to how democracy has been shaped into the present day.
Starting with the Glorious Revolution of 1689, followed by the American Revolution in 1776 and then by the French Revolution in 1789, eventually leading to Page 7 of 46 a number of turns towards democracy in the 20th Century with the breakdown of the world’s imperial powers. With the advent of democracy in most parts of the world, two of its hallmarks- the rule of law and the electoral process acquire prime importance.
The rule of law, the constituents of which are supremacy of law, equality before law and predominance of legal spirit, an idea that is familiar to almost everyone today, basically means that any action by the State and its bodies must possess a backing of legality and reasonableness. This has been recognized as part of the basic structure of the Constitution in Raj Narain supra. Recently, this Court in Directions in the Matter of Demolition of Structures, In re3, extensively discussed the principles of the rule of law in the following words: “21.
The rule of law has also been described as “an umbrella concept for a number of legal and institutional instruments to protect citizens against the power of the State” [ Adriaan Bedner, “An Elementary Approach to the Rule of Law”, (2010) 2.1 Hague Journal on the Rule of Law, pp. 48-74.] . Moreover, “rule of law is integral to and necessary for democracy and good governance”, because “attempts to democratise without a functional legal system in place have resulted in social disorder” [ Randall Peerenboom, “Human Rights and Rule of Law: What's the Relationship?”, (2004) 36 Geo J Int'l L 809.] 24.
In this respect, we may refer to the work of various scholars in the field. Thus, “for the rule of law to measure up to the requirements of a legitimate constitutional democracy, it must be more than the rule of law in the narrow sense” [ Michel Rosenfeld, “The Rule of Law and the Legitimacy of Constitutional 3 (2025) 5 SCC 1 Page 8 of 46 Democracy”, (2000) 74 S Cal L Rev 1307.] . In the modern constitutional framework, “the rule of law would seem to need democratic accountability, procedural fairness, and even perhaps substantive grounding” [Ibid.] , such as in the provisions of the Constitution.
In other words, “the rule of law means the regulative role of certain institutions and their associated legal and judicial practices” [ John Rawls, Samuel Freeman (Eds.), Collected Papers (Harvard University Press, 2021).] . It has been beautifully observed: “That is the law. And no Spartan, subject or citizen, man or woman, slave or king, is above the law. Where-ever law ends, tyranny begins” [Id, p. 306.].” 6.
The second aspect is elections by which citizens of a nation make their voices heard and make choices so as to decide who will lead the country. Arijit Pasayat J., in his dissenting opinion from the majority in the Constitution Bench in Rameshwar Prasad (6) v. Union of India4, had said: “257. Therefore, the well-recognised position in law is that purity in the electoral process and the conduct of the elected representatives cannot be isolated from the constitutional requirements. “Democracy” and “free and fair election” are inseparable twins.
There is almost an inseverable umbilical cord joining them. In a democracy the little man—voter has overwhelming importance and cannot be hijacked from the course of free and fair elections. His freedom to elect a candidate of his choice is the foundation of a free and fair election. But after getting elected, if the elected candidate deviates from the course of fairness and purity and becomes a “purchasable commodity” he not only betrays the electorate, but also pollutes the pure stream of democracy.” 4 (2006) 2 SCC 1 Page 9 of 46 7.
The election is the only time that a common person who otherwise has no connection to governance structures, can make a direct impact. Since this has a straight forward implication for their immediate future, the importance of this exercise of choice between a large field of candidates in some countries and, in others, only two cannot be overstated. Any external factors that may influence this exercise of choice have the ability to compromise the very essence of democracy, since the choice made by the individual is not free and unencumbered but instead clouded by gratification, monetary or otherwise, or by promises sometimes genuine, other times misleading.
8.
As demonstrated, the three ideas of democracy, the rule of law, and the electoral processes are inextricably linked to one another. If one aspect of any of these three parts is compromised, it impacts the entirety of the three ideas and their execution. Black money in the electoral process i.e. the issue with which we are herein concerned, is one such aspect that compromises democracy, rule of law and the electoral process itself.
9.
What has been discussed in the previous section of this judgment has also been recognised and acknowledged as indispensable, on various pages of the country’s judicial history. Page 10 of 46 9.1 In Indira Nehru Gandhi v. Raj Narain5, H.R Khanna J., in his concurring opinion, observed: “198. This Court in the case of Kesavananda Bharati held by majority that the power of amendment of the Constitution contained in Article 368 does not permit altering the basic structure of the Constitution.
All the seven Judges who constituted the majority were also agreed that democratic set-up was part of the basic structure of the Constitution. Democracy postulates that there should be periodical elections, so that people may be in a position either to re-elect the old representatives or, if they so choose, to change the representatives and elect in their place other representatives. Democracy further contemplates that the elections should be free and fair, so that the voters may be in a position to vote for candidates of their choice.
Democracy can indeed function only upon the faith that elections are free and fair and not rigged and manipulated, that they are effective instruments of ascertaining popular will both in reality and form and are not mere rituals calculated to generate illusion of defence to mass opinion. Free and fair elections require that the candidates and their agents should not resort to unfair means or malpractices as may impinge upon the process of free and fair elections….” (emphasis supplied) 9.2 K.K Mathew J., in the same judgment said thus: “268.
The concept of democracy as visualised by the Constitution presupposes the representation of the people in Parliament and State Legislatures by the method of election. And, before an election machinery can be brought into operation, there are three requisites which require to be attended to, namely, (1) there should be a set of laws and rules making provisions with respect to all matters relating to, or in connection with, elections, and it should be decided as to how these laws and rules are to be made; (2) there should be an executive charged with the duty of securing the due conduct of elections; and (3) there should be a judicial tribunal to deal with disputes arising out of or in connection with elections.
Articles 327 and 328 deal with the first of these requisites, Article 324 with the 5 1975 Supp SCC 1 (Constitution Bench) Page 11 of 46 second and Article 329 with the third requisite (see N.P. Ponnuswami v. Returning Officer, Namakkal Constituency [(1952) 1 SCC 94 : AIR 1952 SC 64 : 1952 SCR 218, 229 : 1 ELR 133] ).” 9.3 D. Y Chandrachud J (as he then was) in State (NCT of Delhi) v. Union of India6, held as follows: “466. … The functioning of institutions must establish a constitutional balance which facilitates cooperative governance.
Governance in cooperation is both a hallmark and a necessity of our constitutional structure. Our Constitution distributes legislative and executive powers between political entities. Distribution of power between institutions which are the creation of the Constitution is a significant effort to ensure that the values of participation and representation which constitute the foundation of democracy permeate to all levels of governance.
The federal structure for governance which is a part of the basic structure recognises the importance of fulfilling regional aspirations as a means of strengthening unity. The Constitution has adopted some but may be not all elements of a federal polity and the Union Government has an important role in the affairs of the nation.” 9.4 The majority in Anoop Baranwal v. Union of India [Election Commission Appointments]7, has observed thus: “124.
Unlike demands of a formal democracy, the hallmark of a substantive democracy and if we may say so, a liberal democracy must be borne in mind. Democracy is inextricably intertwined with power to the people. The ballot, is more potent than the most powerful gun. Democracy facilitates a peaceful revolution at the hands of the common man if elections are held in a free and fair manner. Elections can be conflated with a non-violent coup capable of unseating the most seemingly powerful governing parties, if they do not perform to fulfil the aspirations of the governed.
Democracy is meaningful only if the sublime goals enshrined in the Preamble to the Constitution receive the undivided attention of the rulers, 6 (2018) 8 SCC 501 (Constitution Bench) 7 (2023) 6 SCC 161 (Constitution Bench) Page 12 of 46 namely, social, political and economic justice. The concepts of liberty, equality and fraternity must not be strange bedfellows to the ruling class. Secularism, a basic feature of the Constitution must inform all actions of the State, and therefore, cannot be spurned but must be observed in letter and spirit.
Democracy can be achieved only when the governing dispensation sincerely endeavours to observe the fundamental rights in letter and spirit. Democracy also, needless to say, would become fragile and may collapse, if only lip service is paid to the rule of law.
125. We cannot be oblivious to the fact that the Founding Fathers have contemplated that not only must India aspire for a democratic form of government and life but it is their unambiguous aim that India must be a Democratic Republic.
The conventional definition of a “Republic” is that it is a body Polity, in which, the Head of State is elected. However, the republican character of our democracy also means that the majority abides by the Constitution ensuring rights granted under it and also pursues goals enshrined in it. A brute majority generated by a democratic process must conform to constitutional safeguards and the demands of constitutional morality.
A Democratic Republic contemplates that majoritarian forces which may be compatible with a democracy, must be counterbalanced by protection accorded to those not in the majority. When we speak about the minority, the expression is not to be conflated with or limited to linguistic or religious minorities. These are aspects which again underly the need for an independent Election Commission.” SCOPE AND ROLE OF ELECTION COMMISSION 10.
Well, given that the elections are indispensable to democracy, it only stands to reason that the Constituent Assembly would have conceived of a body that would be tasked with undertaking the election process. After all, those who are up for elections themselves cannot be responsible for conducting the elections itself. If that is so, the election would be rendered illusory. Article Page 13 of 46 324 of the Indian Constitution, which vests the superintendence, direction and control of elections in the Election Commission, reads as under: “324.
Superintendence, direction and control of elections to be vested in an Election Commission.—(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission). (2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President. (3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission. (4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause (1). (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine: Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment: Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office Page 14 of 46 except on the recommendation of the Chief Election Commissioner. (6) The President, or the Governor of a State, shall, when so requested by the Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause (1).” 10.1 As far as the function of the EC goes, Article 324(1) says that this body shall be responsible for “superintendence, direction and control” of elections, preparation of electoral rolls, etc.
It obviously has myriad functions, including maintaining the integrity of the election process and controlling the distribution of inducements like cash, liquor and free food. [See: Mohinder Singh Gill v. Chief Election Commr.8] 10.2 Powers, wide though they may be, are not plenary in nature. The powers under this Article apply only to those areas that are unoccupied by legislation. [See: A.C. Jose v.
Sivan Pillai9] 10.3 One of the responsibilities is the allocation of election symbols and the adjudication of any dispute which may 8 (1978) 1 SCC 405 9 (1984) 2 SCC 656 Page 15 of 46 arise inter se competing claimants for the same symbol. [See: Sadiq Ali v. Election Commission of India10] 10.4 The Commission also provides advice to the Governor or the President as the case may be upon the disqualification of a member of either of the Houses in the Centre or the State, as the case may be. [See: Election Commission of India v.
Subramaniam Swamy11] 10.5 Enforcement of the Model Code of Conduct (MCC) during election time is also a primary responsibility. [See: S. Subramaniam Balaji v. State of T.N.12] 11. The factors discussed by us above are only illustrative. In Union of India v. Assn. for Democratic Reforms13, a three-judge Bench summarised the constitutional position qua the EC in the following terms: “46. To sum up the legal and constitutional position which emerges from the aforesaid discussion, it can be stated that:
1.
The jurisdiction of the Election Commission is wide enough to include all powers necessary for smooth conduct of elections and the word “elections” is used in a wide sense to include the entire process of election which consists of several stages and embraces many steps.
2. The limitation on plenary character of power is when Parliament or State Legislature has made a valid law 10 (1972) 4 SCC 664 11 (1996) 4 SCC 104 12 (2013) 9 SCC 659 13 (2002) 5 SCC 294 Page 16 of 46 relating to or in connection with elections, the Commission is required to act in conformity with the said provisions.
In case where law is silent, Article 324 is a reservoir of power to act for the avowed purpose of having free and fair election. The Constitution has taken care of leaving scope for exercise of residuary power by the Commission in its own right as a creature of the Constitution in the infinite variety of situations that may emerge from time to time in a large democracy, as every contingency could not be foreseen or anticipated by the enacted laws or the rules.
By issuing necessary directions, the Commission can fill the vacuum till there is legislation on the subject. In Kanhiya Lal Omar case [(1985) 4 SCC 628] the Court construed the expression “superintendence, direction and control” in Article 324(1) and held that a direction may mean an order issued to a particular individual or a precept which many may have to follow and it may be a specific or a general order and such phrase should be construed liberally empowering the Election Commission to issue such orders.
3.
The word “elections” includes the entire process of election which consists of several stages and it embraces many steps, some of which may have an important bearing on the process of choosing a candidate. Fair election contemplates disclosure by the candidate of his past including the assets held by him so as to give a proper choice to the candidate according to his thinking and opinion. As stated earlier, in Common Cause case [(1996) 2 SCC 752] the Court dealt with a contention that elections in the country are fought with the help of money power which is gathered from black sources and once elected to power, it becomes easy to collect tons of black money, which is used for retaining power and for re-election.
If on an affidavit a candidate is required to disclose the assets held by him at the time of election, the voter can decide whether he could be re-elected even in case where he has collected tons of money. Presuming, as contended by the learned Senior Counsel Mr Ashwani Kumar, that this condition may not be much effective for breaking a vicious circle which has polluted the basic democracy in the country as the amount would be unaccounted.
Maybe true, still this would have its own effect as a step-in-aid and voters may not elect law- breakers as law-makers and some flowers of democracy may blossom.
4. To maintain the purity of elections and in particular to bring transparency in the process of election, the Commission can ask the candidates about the expenditure incurred by the political parties and this transparency in Page 17 of 46 the process of election would include transparency of a candidate who seeks election or re-election.
In a democracy, the electoral process has a strategic role. The little man of this country would have basic elementary right to know full particulars of a candidate who is to represent him in Parliament where laws to bind his liberty and property may be enacted.
5. The right to get information in democracy is recognised all throughout and it is a natural right flowing from the concept of democracy.
At this stage, we would refer to Article 19(1) and (2) of the International Covenant on Civil and Political Rights, which is as under: “(1) Everyone shall have the right to hold opinions without interference. (2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” 6.
On cumulative reading of a plethora of decisions of this Court as referred to, it is clear that if the field meant for legislature and executive is left unoccupied detrimental to the public interest, this Court would have ample jurisdiction under Article 32 read with Articles 141 and 142of the Constitution to issue necessary directions to the executive to subserve public interest.
7. Under our Constitution, Article 19(1)(a) provides for freedom of speech and expression.
Voter's speech or expression in case of election would include casting of votes, that is to say, voter speaks out or expresses by casting vote. For this purpose, information about the candidate to be selected is a must. Voter's (little man — citizen's) right to know antecedents including criminal past of his candidate contesting election for MP or MLA is much more fundamental and basic for survival of democracy.
The little man may think over before making his choice of electing law-breakers as law- makers.” (Emphasis supplied) BLACK MONEY: A RECOGNIZED ISSUE 12. It flows from the above that controlling the use of black money in the electoral process is one of the responsibilities of the Page 18 of 46 EC. The issue of this tainted money circulating and polluting this most cherished process of democracy is not a recent phenomenon and has been recognized time and time again.
We may illustrate the same as under: 12.1 As far back as 1975, this Court in Kanwar Lal Gupta v. Amar Nath Chawla14, while dealing with a challenge to the election to the Lok Sabha of a particular candidate in the 1971 Elections, filed by the unsuccessful candidate, made observations of essence through P.N Bhagwati J., as follows: “…The object of the provision limiting the expenditure is twofold. In the first place, it should be open to any individual or any political party, howsoever small, to be able to contest an election on a footing of equality with any other individual or political party, howsoever rich and well financed it may be, and no individual or political party should be able to secure an advantage over others by reason of its superior financial strength.
It can hardly be disputed that the way elections are held in our country, money is bound to play an important part in the successful prosecution of an election campaign. … The availability of large funds does ordinarily tend to increase the number of votes a candidate will receive. If therefore, one political party or individual has larger resources available to it than another individual or political party, the former would certainly, under the present system of conducting elections, have an advantage over the latter in the electoral process.
The former would have a significantly greater opportunity for the propagation of its programme while the latter may not be able to make even an effective presentation of its views. The availability of disproportionately larger resources is also likely to lend itself to misuse or abuse for securing to the political party or individual possessed of such resources, undue 14 (1975) 3 SCC 646 Page 19 of 46 advantage over other political parties or individuals.
Douglas points out in his book called Ethics in Government at p. 72, “If one party ever attains overwhelming superiority in money, newspaper support, and (Government) patronage, it will be almost impossible, barring an economic collapse, for it ever to be defeated”. This produces anti-democratic effects in that a political party or individual backed by the affluent and wealthy would be able to secure a greater representation than a political party or individual who is without any links with affluence or wealth.
This would result in serious discrimination between one political party or individual and another on the basis of money power and that in its turn would mean that “some voters are denied an ‘equal’ voice and some candidates are denied an ‘equal chance’ ”. It is elementary that each and every citizen has an inalienable right to full and effective participation in the political process of the Legislatures and this requires that each citizen should have equally effective voice in the election of the members of the Legislatures.
That is the basic requirement of the Constitution. This equal effective voice — equal opportunity of participation in the electoral process — would be denied if affluence and wealth are to tilt the scales in favour of one political party or individual as against another. The democratic process can function efficiently and effectively for the benefit of the common good and reach out the benefits of self-government to the common man only if it brings about a participatory democracy in which every man, howsoever lowly or humble he may be, should be able to participate on a footing of equality with others.
Individuals with grievances, men and women with ideas and vision, are the sources of any society's power to improve itself. Government by consent means that such individuals must eventually be able to find groups that will work with them and must be able to make their voices heard in these groups and no group should be insulated from competition and criticism. It is only by the maintenance of such conditions that democracy can thrive and prosper and this can be ensured only by limiting the expenditure which may be incurred in connection with elections, so that, as far as possible, no one single political party or individual can have unfair advantage over the other by reason of its larger resources and the resources available for being utilised in the electoral process are within reasonable bounds and not unduly disparate and the electoral contest becomes evenly matched.
Then alone the small man will come into his own and will be able to secure proper representation in our legislative bodies.” Page 20 of 46 (Emphasis supplied) 12.2 Goswami Committee On Electoral Reforms, 1990: “1.6 The role of money and muscle powers at elections deflecting seriously the well accepted democratic values and ethos and corrupting the process; rapid criminalisation of politics greatly encouraging evils of booth capturing, rigging, violence etc.; misuse of official machinery, i.e. official media and ministerial; increasing menace of participation of non-serious candidates; form the core of our electoral problems.
Urgent corrective measures are the need of the hour lest the system itself should collapse.” 12.3 President’s Address, Hon. K.R Narayanan, to the Joint Session of Parliament in 1998 “One of the causes of corruption and corrosion of values in our polity, as well as criminalisation of politics, stems from flaws in the electoral process. To ensure free, fair and fearless elections and to prevent the use of money and muscle power, Government will introduce a comprehensive Electoral Reformss Bill for which considerable ground work has already been done.” 12.4 Vohra Committee,1993: “3.2 An organised crime Syndicate/Mafia generally commences its activities by indulging in petty crime at the local level, mostly relating to illicit distillation/gambling/organised satta and prostitution in the larger towns.
In port towns, their activities involve smuggling and sale of imported goods and progressively graduate to narcotics and drug trafficking. In the bigger cities, the main source of income relates to real estate – forcibly occupying lands/buildings, procuring such properties at cheap rates by forcing out the existing occupants/tenants etc. Over time, the money power thus acquired is used for building up contacts with bureaucrats and politicians and expansion of activities with impunity.
The money power is used to develop a network of Page 21 of 46 muscle-power which is also used by the politicians during elections. … 6.2 (ii) The big smuggling Syndicates, having international linkages, have spread into and infected the various economic and financial activities, including havala transactions, circulation of black money and operations of a vicious parallel economy causing serious damage to the economic fibre of the country.
These Syndicates have acquired substantial financial and muscle power and social respectability and have successfully corrupted the government machinery at all levels and wield enough influence to make the task of Investigating and Prosecuting agencies extremely difficult; even the members of the Judicial system have not escaped the embrace of the Mafia.” (Emphasis supplied) 12.5 This Court in Ashok Shankarrao Chavan v.
Madhavrao Kinhalkar15, also made some important observations which we extract as under: “66. In recent times, when elections are being held it is widely reported in the press and media that money power plays a very vital role. Going by such reports and if it is true then it is highly unfortunate that many of the voters are prepared to sell their votes for a few hundred rupees. In fact, taking advantage of the weakness of the voters, exploitation to the maximum level is being carried out by those who aspire to become either Member of Parliament or State Legislature.
We are pained to state that the sanctity of the status as a Member of the Legislatures, either Parliament or State Legislature is not being seriously weighed even by those who sponsor their candidature. It is a hard reality that if one is prepared to expend money to unimaginable limits only then can he be preferred to be nominated as a candidate for such membership, as against the credentials of genuine and deserving candidates.
If such practices are to be simply ignored and a laudable object with which the Act has been brought into the statute 15 (2014) 7 SCC 99 Page 22 of 46 book as early as in the year 1950 and later on by the Act of 1951, wherein by virtue of the constitutional provision under Article 324 an authority in the status of the Election Commission is created in order to supervise and control the elections, it must be stated that such an authority who is in ultimate control in the matter of holding of the elections should be held to be invested with the widest power of its kind specified in the Act.
Therefore, when it comes to the question of interpretation of the extent of such power to be exercised by the said authority, we are convinced that the Court should have a very liberal approach in interpreting the nature of power and jurisdiction vested with the said authority, namely, the Election Commission. This view of ours is more so apt in the present day context, wherein money power virtually controls the whole field of election and that people are taken for a ride by such unscrupulous elements who want to gain the status of a Member of Parliament or the State Legislature by hook or by crook.” 12.6 In 2015, the Law Commission of India under the Chairmanship of AP Shah, CJ published 255th Report focusing on electoral reforms : “2.4 It is now well established that money plays a big role in politics, whether in the conduct, or campaigning, for elections.
The Election Commission of India (hereinafter “ECI”), in its guidelines issued on 29th August 2014, recognised that “concerns have been expressed in various quarters that money power is disturbing the level playing field and vitiating the purity of elections.” What gives rise to these concerns about the role of big money in politics? These are not mere theoretical debates but are actual problems afflicting the electoral process in India.
Money, often from illegitimate sources, results in “undisguised bullying” when it is used (both authorised and unauthorised) to buy muscle power, weapons, or to unduly influence voters through liquor, cash, gifts. Currency notes come first in containers, then in truckloads, moving to wholesale/small retail forms, and finally to suitcases and in people’s pockets…” Page 23 of 46 12.7 Union Budget 2017 presented by Mr.
Arun Jaitley, Finance Minister: “India is the world’s largest democracy. Political parties are an essential ingredient of a multi-party Pa