Representation of the People Act, 1951
Section 33A and Criminal Disclosure Mandate
The Representation of the People Act (RPA), 1951 governs elections to Parliament and state legislatures. Section 33A, inserted by the Representation of the People (Amendment) Act, 2003, requires every candidate to file a sworn affidavit along with the nomination paper (Form-26) disclosing: (i) all pending criminal cases in which charges have been framed by a competent court for offences punishable with imprisonment of two years or more; (ii) convictions; (iii) assets and liabilities; and (iv) educational qualifications. The disclosure requirement was mandated after a landmark Supreme Court ruling in Union of India v. Association for Democratic Reforms (2002), which held that voters have a fundamental right to know the criminal antecedents of candidates. Non-disclosure or false disclosure of criminal cases amounts to a corrupt practice under Section 123 of the RPA.
- Section 33A, RPA 1951: sworn affidavit (Form-26) mandatory at nomination — criminal cases, assets, liabilities, education
- Inserted by: RPA Amendment Act, 2003 (following SC mandate in ADR case, 2002)
- Disclosure requirement: all pending cases where charges have been framed for offences with 2+ years imprisonment
- Non-disclosure = corrupt practice under Section 123, RPA 1951 — grounds for election void under Section 100
- Returning Officer must publicly display the affidavit for voter information
- ADR (Association for Democratic Reforms) case, 2002: SC held voters have fundamental right to know candidates' antecedents
● Tracked since March 10, 2026 · last seen July 01, 2026 · updates as the daily brief publishes