Supreme Court issued directions to curb the use of black money in elections | Current Affairs | Vision IAS

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ESC

In Summary

  • SC in Prathik Parasrampuria case expanded scope to examine black money in elections, issuing directions on seizure reports, investigation timelines, and IT referrals.
  • SC directed HCs to designate fast-track courts for election-related trials and mandated HC approval for withdrawal of such cases.
  • ECI's role in tackling black money includes superintendence under Article 324, mandatory disclosures, expenditure monitoring, and the cVIGIL app for MCC violation reporting.

In Summary

In the State of Karnataka & Anr. v. Prathik Parasrampuria Case, the SC expanded the scope of the proceedings to examine the larger systematic issue of black money in elections.

Important directions issued by SC  

  • Mandatory 24-Hour Seizure Report: Any authority executing a cash or asset seizure must report it to the District Magistrate (DM), Additional DM, or competent Court within 24 hours.
  • One-Year Investigation Target: Investigating Officers (IOs) must make every effort to complete FIR investigations within one year; any delays must be justified to the ECI.
  • Quarterly Status Tracking: IOs must submit quarterly investigation progress reports to the ECI via a Nodal Officer.
  • Income Tax Referral for Large Cash Seizures: If Static Surveillance Teams (SST) detect cash exceeding ₹10 Lakhs, they must immediately refer the details to the Income Tax authorities.
  • Special Fast-Track Courts: High Courts must designate special courts to fast-track trials against candidates, sitting MPs, and MLAs, aiming to resolve cases before the next five-year election cycle begins.
  • High Court Approval for Case Withdrawals: To prevent political abuse, state governments cannot unilaterally withdraw election-related prosecutions against candidates.

Role of Election Commission of India (ECI) in tackling black money

  • Constitutional Mandate: Under Article 324(1) of the Constitution, the ECI is vested with the authority to superintend, direct, and control elections.
    • ECI has a broad range of responsibilities, including controlling the distribution of inducements like cash, liquor, and free food to safeguard electoral integrity.
  • Mandatory Disclosures: ECI can mandate candidates to disclose their assets and liabilities on affidavits.
  • Expenditure Monitoring: Candidates must maintain election expenditure records and submit them to the District Election Officer (DEO) after 30 days from the date of declaration of result.
  • cVIGIL app: It is a mobile application developed by the ECI to enable citizens to report violations of the Model Code of Conduct (MCC) during elections.
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cVIGIL

A mobile application developed by the ECI that allows citizens to report violations of the Model Code of Conduct, such as distribution of money or liquor, in real-time.

District Election Officer (DEO)

An officer, usually a District Magistrate, responsible for supervising the conduct of elections within a district.

Model Code of Conduct (MCC)

A set of guidelines issued by the Election Commission of India to regulate the conduct of political parties and candidates during elections, aimed at ensuring free and fair polls. It comes into effect from the date of election announcement.

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