LOKMANYA TILAK’S CALL FOR SWARAJ: THE CONCEPT OF SELF RULE & SUPREME COURT’S DIRECTION TO PUBLISH PENDING CRIMINAL CASES ON WEBSITE

  • Ashwini B. Biradar et al.

Abstract

Last year in the month of September Supreme Court directed that all contesting candidates with
previous convictions and pending cases would have to publicize the details three times in the month
before the upcoming any local, state or national elections in newspapers and on television. As well as
Supreme Court also instructed Political parties to do so same and display the relevant facts on their
respective websites. While illustrating the concept on Swaraj as in self- rule, it does not mean merely
indigenous or rule by any authoritarian or we can say king. Rather, ‘self-Rule’ suggests control by
the people and rule in accordance with their free will. In other words, ‘self’ is the entire people and
‘rule’ is governance as per their advice/ instructions. In the democracy, or even in the concept of
swaraj (self-rule) people cannot be left to be mute spectators as their representatives and true
democracy goes awry, transparency in the electoral process is necessary. This judgment by the
Supreme Court sought to accomplish this by bringing political parties within the purview of the
people and media. In this paper, significance of this judgment to the concept of Lokmanya Tilak’s
concept of Swaraj, and how the need for transparency and accountability in the electoral process,
especially in the candidate criminal records is emphasized, and it’s explains how Swaraj (self-Rule)
basically determines the people’s rights to know as well as the amendments made in Form-26
(affidavit by candidate) of the Election commission of India in pursuance of the directions in the
judgments of the Hon'ble Supreme Court in Writ Petition(C)No. 784of 2015(Lok Prahari Vs. Union of
India & Others) and Writ Petition(Civil)No. 536of 2011(Public Interest Foundation & Ors. Vs. Union
of India & Anr.)

Published
2020-03-10