Section 33A - Right to Information about Election Candidates
Section 33A of the Representation of the People Act, 1951 requires a candidate contesting an election to disclose specified pending criminal cases and convictions, in addition to information required in the nomination paper. The disclosure is supported by a sworn affidavit, enabling electors to examine relevant facts about candidates.
What Section 33A requires
Sub-section (1): Disclosure of criminal cases
A candidate must disclose whether:
- the candidate is accused in a pending case of an offence punishable with imprisonment for two years or more in which a competent court has framed a charge; or
- the candidate has been convicted of an offence, other than offences referred to in Section 8(1), Section 8(2), or covered by Section 8(3), and sentenced to imprisonment for one year or more.
Sub-section (2): Sworn affidavit
The candidate or proposer delivering the nomination paper under Section 33(1) must also deliver an affidavit sworn by the candidate in the prescribed form verifying the particulars under sub-section (1).
Sub-section (3): Public display
After receiving the information, the returning officer must, as soon as practicable, affix a copy of the affidavit at a conspicuous place in the office so that electors of the constituency can inspect it.
Form 26 and additional candidate disclosures
Under Rule 4A of the Conduct of Elections Rules, 1961, the candidate must furnish the prescribed Form 26 affidavit when filing the nomination. The form and applicable judicial directions call for wider disclosure than the minimum categories expressly stated in Section 33A, including particulars of pending criminal cases, convictions, assets, liabilities, PAN and income-tax information, and educational qualifications. A candidate should complete every applicable field, rather than assume that only cases involving framed charges need to be mentioned.
The prescribed affidavit must be duly sworn before an authorised officer, such as a First Class Magistrate, notary or oath commissioner, as permitted by the applicable rules and Election Commission instructions.
Why this disclosure matters
The statutory right to information assists voters in making informed choices. The nomination-stage affidavit and its public display promote transparency and permit scrutiny of a candidate's declared criminal background and other relevant particulars.
Consequences of false or missing information
Section 125A of the Act provides a penalty for specified failures to disclose, knowingly false information, or concealment in the nomination paper or affidavit. It provides imprisonment up to six months, or fine, or both. Questions concerning defective or incomplete affidavits and scrutiny of nominations must also be considered in light of the election rules, Election Commission directions and applicable judicial decisions.
Official legislation and election resources
- Representation of the People Act, 1951 - India Code (official text)
- Election Commission of India - Candidate nomination and affidavit resources
- Election Commission of India - Official portal
Frequently asked questions
Does Section 33A require an affidavit?
Yes. The candidate must swear the prescribed affidavit, delivered with the nomination paper by the candidate or proposer.
Are all pending criminal cases disclosed in Form 26?
Form 26 and applicable instructions require more extensive disclosures than the specific minimum pending-case category mentioned in Section 33A(1)(i). Candidates should report the particulars required by the current form.
Who makes the information public?
The returning officer must display the affidavit at a conspicuous place in the office for the information of constituency electors.