The EC has also cited a Supreme Court judgment whereby the poll body has been restrained from laying down a new qualification for candidates for Presidential Election under Article 324 of the Constitution.
"The matter has been considered by the Commission carefully. The Commission is of the considered view that under the existing law, the candidates for the Presidential Election cannot be required to submit their affidavits giving the above mentioned information" regarding assets, criminal record and educational qualifications, the EC said.
In reply to Association for Democratic Reforms (ADR) which had made such a demand, the EC invited their attention in this context to the Supreme Court judgment in Baburao Patel Vs Dr Zakir Hussain, (AIR 1968 SC 904) wherein it has held that "the Commission cannot lay down a new qualification for candidate for Presidential Election under Article 324 of the Constitution."
Two former Chief Election Commissioners T S Krishnamurthy and N Gopalaswami had also written to the Chief Election Commissioner V S Sampath for making such affidavits mandatory in the coming Presidential elections.
It is mandatory for all candidates contesting the election to Lok Sabha and state assemblies to file disclosure affidavits carrying details of criminal, financial and educational background of candidates.