Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Freedom of Speech and Expression Voter's Right |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India, 1950:.Art. 19(1)(a) - Freedom of speech and expression - Rightto know...: Voter's right to know about the candidate contestingthe election - /Explained - Held: Citizen's right to know of thecandidate who represents him in Parliament/State Assemblywill constitute an integral part of Art.19(1)(a); and any act,which is derogative of the fundamental rights is ultra vires -Purpose of filing of affidavit along with the nomination paperis to effectuate the fundamental right of the citizen underArt.19(1)(a) - The citizens are entitled to have the necessary information at the time of filing of the nomination paper inorder to make a choice of their voting.Representation of the People Act, 1951:s.33-A read with ss. 36 and 125-A - Right to information - Candidates contesting the election - Filing of nominationpaper - Affidavit with particulars left blank - Furnishing ofinformation as required under sub-s.(1) of s.33-A and as laiddown in the judgments of Supreme Court in Association forDemocratic Reforms and People's Union for Civil Liberties - Principles culled out and directions issued - Held: Everycandidate is obligated to file an affidavit with relevantinformation with regard to his/her criminal antecedents, assetsand liabilities and educational qualifications - Filing ofaffidavit with particulars left blank will render the affidavit nugatory - If a candidate fails to fill the blanks even afterreminder by Returning Officer, the nomination paper is fit tobe rejected -Power of Returning Officer to reject nominationpaper must be exercised very sparingly but the bar shouldnot be laid so high that justice itself is prejudiced - It isclarified that Para 73 of the judgment in People's Union forCivil Liberties will not come in the way of Returning Officer toreject the nomination paper when affidavit is filed withparticulars left blank.s.36 read with s.33-A - Scrutiny of nomination - Duty ofReturning Officer - Explained - Furnishing of relevantinformation - Held: Returning Officer can compel a candidateto furnish information relevant on the date of scrutiny -Election Commission already has a standard draft format forreminding the candidates to file an affidavit as stipulated -Another clause may be inserted in the format for remindingthe candidates to fill the blanks with relevant informationthereby conveying the message that no affidavit withparticulars left blank will be entertained. s.125 A(i) - Filing of false affidavit and filing of affidavit Ewith particulars left blank - Held: Filing of affidavit withparticulars left blank will be directly hit by s.125A(i) -However, as the nomination paper itself is rejected byReturning Officer, there is no reason to penalize the candidateagain for the same act by prosecuting him/her - If the Fcandidate who has filed an affidavit with false information aswell as the candidate who has filed an affidavit with particularsleft blank are treated at par, it will result in breach offundamental right guaranteed under Art. 19(1 )(a) of theConstitution, viz., 'right to know', which is inclusive of freedom Gof speech and expression. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 617 |
Petitioner | Resurgence India |
Respondent | Election Commission Of India & Anr. |
SCR | [2013] 9 S.C.R. 360 |
Judgement Date | 2013-09-13 |
Case Number | 121 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |