Scene One: The Delhi High Court pronounces a judgment on February 11, 2000, directing the EC to ensure the details of pending criminal cases and the assets of candidates contesting elections are available to voters. Scene Two: Although the HC’s direction is to the EC, the Union of India (led by the NDA) chooses to file a special leave petition in the Supreme Court questioning the judgment, claiming that disclosure of background information was a legislative matter in which the judiciary had no right to interfere.
Scene Three: The SC rejects the appeal in May making it mandatory for candidates seeking election to give their financial, criminal, and educational details. EC has up to two months to implement this.
Scene Four: The EC issues an order implementing the judgment after consulting the government.
Scene Five: On July 8, 2002, all 22 political parties unanimously decide that the judgment cannot be implemented and the Representation of People Act (RPA) can be amended in that very parliament session.
Scene Six: The law ministry, very efficiently, circulates the draft of a bill to amend the RP Act on July 15, 2002. Lok Sabha is adjourned because of the petrol pump scandal and so the the bill is not introduced.
Scene Seven: The cabinet sends a draft ordinance to the president, who returns it. The cabinet sends it back to him the next day. The president has to sign. The RP Act stands amended with effect from August 24, 2002.
Scene Eight: Three PILs are filed in the SC challenging the ordinance’s constitutional validity. On March 13, 2003, the court declares the ordinance (now an Act) “illegal, null and void”, restoring the 2002 SC judgement.
... contd.
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