Case Summary: PUCL vs Union of India (2003)
Case Citation
(2003) 4 SCC 399; AIR 2003 SC 2363
Case Title
People’s Union for Civil Liberties (PUCL) & Others vs Union of India & Another
Date of Judgment
13 March 2003
Bench
P. Venkatarama Reddi, M.B. Shah, D.M. Dharmadhikari, JJ.
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=275584
Law Points Raised
1. Whether the Representation of the People (Amendment) Ordinance, 2002 and Section 33B of the amended Act violate the voter’s right to know.
2. Whether Parliament can override a Supreme Court judgment through legislation.
3. Whether the right to know antecedents of electoral candidates is part of fundamental rights under Article 19(1)(a).
Ratio Decidendi
The Supreme Court held that voters have a fundamental right to know about the criminal antecedents, educational qualifications, and assets and liabilities of candidates contesting elections under Article 19(1)(a). The impugned Section 33B of the Amended Act was declared unconstitutional as it sought to nullify the Court's earlier directions in Association for Democratic Reforms.
Final Ruling
Section 33B of the Representation of the People (Amendment) Act, 2002 was struck down as unconstitutional. The Court reaffirmed that disclosure of criminal records and other personal details by candidates is mandatory under the voter's right to information.
Relevant Paragraphs
Paras 1–9, 33A & 33B text analysis, para 53–54 (democratic accountability), para 190 (legislative overreach), final reasoning at paras 43–50.