CHAPTER I.--Nomination of CandidatesCentral

Section 33B of The Representation of the People Act, 1951

1[[33B. Candidate to furnish information only under the Act and the rules.--Notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such information, in respect of his election, which is not required to be disclosed or furnished under this Act or the rules made thereunder.]

Summary

Candidates are only required to share information that is specifically mentioned in this Act or its official rules.
This provision stands even if a court judgment, decree, or order suggests that more information should be disclosed.
It also takes priority over any directions or instructions issued by the Election Commission.
No candidate can be held liable for failing to disclose details that are not legally required by the specific text of the law.

Practical examples

1Anita is running for office and a local activist group gets a court order saying all candidates must disclose their high school grades. Under Section 33B of the 1951 Act, Anita only has to provide the info listed in the Act, such as her criminal record or assets, and can ignore the grade request.

2The Election Commission sends a letter to Vikram asking him to list every book he has read in the last five years. Since the Representation of the People Act, 1951 does not require this, Section 33B protects Vikram from having to disclose that personal information.

FAQ

1. Does a candidate have to follow a court order for extra disclosure under Section 33B of The Representation of the People Act, 1951?

No, Section 33B of the 1951 Act states that notwithstanding any court judgment or order, a candidate only needs to provide information required by the Act and its rules.

2. Can the Election Commission demand more info than the law says according to the Representation of the People Act, 1951?

According to Section 33B of the Act, a candidate is not liable to disclose information that is not required by the Act or rules, regardless of Election Commission instructions.

3. What is the main purpose of Section 33B in the 1951 Act?

The main purpose of Section 33B of The Representation of the People Act, 1951 is to limit the mandatory disclosures of a candidate to only those items specifically listed in the legislation and its rules.

Test yourself

Q1.Under Section 33B of The Representation of the People Act, 1951, what determines the information a candidate must disclose?

Q2.Does a court decree change a candidate's disclosure duties under Section 33B of the Representation of the People Act, 1951?

Q3.If the Election Commission issues an instruction for extra data, what does Section 33B of The Representation of the People Act, 1951 say?

Q4.Which information is a candidate liable to furnish according to Section 33B of the 1951 Act?

33APreviousSection 33A Right to information.34NextSection 34 Deposits.

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