Black Money In Elections Hampers Democracy, Says SC, Pg10

Key Highlights:

• The Supreme Court recently declared that black money in elections compromises democracy, rule of law, and the electoral process itself.
• The Court affirmed that curbing the influence of black money is a core responsibility of the Election Commission of India (ECI).
• A judgment authored by Justice Sanjay Karol mandated timely investigations and conclusion of criminal cases related to illicit money in elections.
• Authorities seizing cash or assets linked to electoral offenses must report them within 24 hours to the District Magistrate or competent court.
• Investigating Officers are directed to complete probes within one year, with reasons for any delays communicated to the ECI.

Detailed Insights:

• The Supreme Court emphasized that external factors influencing voter choice undermine the very essence of democracy.
• The ruling stemmed from a plea by the Karnataka government concerning large-scale black money seizures during the 2014 Lok Sabha polls in Bellary district.
• The case, The State of Karnataka & Anr. v. Prathik Parasrampuria, highlighted the systemic issue of money power in elections.
• The Court directed that High Court approval is mandatory for the withdrawal of criminal cases against candidates in an election cycle.
• High Courts are also instructed to designate specific courts for the prompt hearing and disposal of election-related cases.
• Static Surveillance Teams are required to forward cash findings exceeding ₹10 lakh to income-tax authorities for further action.
• The ECI and State governments have been directed to file compliance affidavits by November 18, detailing adherence to these directives.

Key Concepts Involved:

• Black Money: Undisclosed income or assets on which tax has not been paid, often used to influence elections.
• Election Commission of India (ECI): An autonomous constitutional authority responsible for administering election processes in India.
• Article 324: Grants the ECI the power of superintendence, direction, and control of elections.
• Representation of the People Act, 1951: A parliamentary act that governs the conduct of elections and related matters in India.