THE RIGHT TO KNOW IN ELECTORAL DEMOCRACY: PUBLIC DISCLOSURE AND FREE AND FAIR ELECTIONS UNDER THE INDIAN CONSTITUTION

AUTHOR – PROF. DR. R. THANGA RAMANI, PRINCIPAL AT GOVERNMENT LAW COLLEGE, CHENGALPATTU

BEST CITATION – PROF. DR. R. THANGA RAMANI, THE RIGHT TO KNOW IN ELECTORAL DEMOCRACY: PUBLIC DISCLOSURE AND FREE AND FAIR ELECTIONS UNDER THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 647-652, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/TFHG3510

ABSTRACT

Free and fair elections constitute the bedrock of constitutional democracy in India. The legitimacy of representative governance depends not merely on the formal act of voting, but on the ability of voters to make informed choices. In this context, the right to know—particularly the right of citizens to access information relating to candidates, political parties and electoral processes—has emerged as a vital facet of the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India. Over the past two decades, the Supreme Court of India has played a transformative role in constitutionalising the right to electoral information, linking it intrinsically with democratic participation, transparency, and accountability. This paper undertakes a comprehensive analysis of the constitutional foundations, judicial evolution, statutory framework, and contemporary challenges surrounding public disclosure in the Indian electoral system. It critically examines landmark judgments such as Association for Democratic Reforms v. Union of India, People’s Union for Civil Liberties v. Union of India, and subsequent cases that have expanded and, at times, constrained the scope of electoral transparency. The paper also analyses legislative responses, including amendments to the Representation of the People Act, 1951, the Right to Information Act, 2005, and the introduction of electoral bonds. By situating the Indian experience within broader democratic theory, this study argues that meaningful public disclosure is indispensable for ensuring free and fair elections, and that any dilution of the right to know poses serious risks to constitutional democracy.

Keywords:Right to Know, Free and Fair Elections, Article 19(1)(a), Electoral Transparency, Public Disclosure, Indian Constitution