In a landmark verdict aimed at bringing more transparency and curbing the money power in election process, the Supreme Court on Friday ruled that candidates contesting poll would have to make public the source of his income along with that of spouse and dependant. Holding that voters have a fundamental right to know all the relevant information about the candidates including their source of income, a bench of Justices J Chelameswar and S Abdul Nazeer directed the Centre to amend Conduct of Election Rules and Form 26 to incorporate the provision on declaration of source. It also directed that the candidates would also have to provide information regarding contracts with any government agency or PSUs either by them or spouse and dependants. “The voter is entitled to have all relevant information about the candidates at an election. The information regarding the sources of income of the candidates and their associates(spouse and dependants) would in our opinion, certainly help the voter to make an informed choice of the candidate to represent the constituency in the legislature. It is, therefore, a part of their fundamental right under Article 19(1)(a) ,” the bench said. The obligation to make the two declarations arises as a corollary to the fundamental right of the voter to know the relevant information with respect to the candidate, to enable the voter to make an assessment and make an appropriate choice of his representative in the Legislature. The enforcement of such a fundamental right needs no statutory sanction. This Court and the High Courts are expressly authorized by the Constitution to give appropriate directions to the State and its instrumentalities and other bodies for enforcement of Fundamental Rights,” the bench said. It said the experience of the first 50 years of the functioning of democracy in the country disclosed some undesirable trends that have crept into its working and it was necessary to deal with it on urgent basis to maintain purity of the electoral process which “is the foundation of all democratic forms of government”. The bench also made it clear that non-disclosure of the informations by the candidates would constitute a corrupt practice falling under heading undue influence as defined under the Representation of People Act, and the election of the candidate could be quashed if elected. “We direct that Rule 4A of the RULES and Form 26 appended to the RULES shall be suitably amended, requiring candidates and their associates to declare their sources of income,” the bench said. “Voters have a fundamental right to know the relevant information about the candidates. The financial background in all its aspects of the candidate and his/her associates is relevant and critical information. Therefore, 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, the information which is critical to the making of an informed and rational choice in this area,” the bench said.