The Supreme Court Tuesday ruled that it cannot disqualify candidates with criminal cases pending against them from contesting elections. The apex court asked Parliament to enact a law to ensure that people with serious criminal charges do not enter public life. A five-judge Constitution bench, headed by Chief Justice of India Dipak Misra, rued that the country was facing an increasing trend of criminalisation of politics and that it strikes at the very root of democracy.
Exhorting Parliament, the SC said the time had come for a law against criminalisation of politics. The “nation eagerly waits for such legislation”, the bench, also comprising Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, said.
The apex court, however, issues directives to ensure criminalisation is checked to some extent. It directed that all candidates must state, in bold, details of criminal cases pending against them in their election affidavit. Candidates must also share this information with their respective political parties, which will in turn upload this on their websites.
The SC added that the candidate and the party shall also publish this in a widely circulated newspaper. This should be done at least three times after filing of nomination papers.
The bench was hearing a batch of petitions seeking disqualification of chargesheeted lawmakers from contesting elections. The petitions were filed by NGO Public Interest Foundation and Delhi BJP leader Ashwini Kumar Upadhyay. The bench had reserved its verdict in the case on August 28.
Ananthakrishnan G@axidentaljournoShould chargesgeeted politicians be disqualified from contesting elections? Supreme Court Constn bench says it cannot add any further disqualifications to the law. Says it’s time Parliament made law to ensure ppl with serious criminal cases don’t enter public life @IndianExpress
Ananthakrishnan G@axidentaljournoSC however issues directions to candidates & parties. Candidates must state in bold in EC form the criminal cases pending against them. Candidate will also inform their party what cr cases they have agnst them. Party will upload this on its website. @IndianExpress
During the hearing, Attorney General K K Venugopal, representing the Centre, had opposed the plea saying that under the Indian law, there is presumption of innocence unless proven guilty. Further, he had told the court that the judiciary cannot get into law-making, which is reserved for the legislature.
Under the RP Act, lawmakers are barred from contesting elections only after their conviction in a criminal case.
In an affidavit submitted to the Supreme Court in March this year, the Centre said a total of 3,816 criminal cases were registered against 1,765 MPs and MLAs across the country, of which 3,045 cases are pending. The figures did not include cases registered in Maharashtra and Goa. Uttar Pradesh leads the pack with 565 cases against 248 MPs and MLAs, followed by Kerala with 533 cases against 114 legislators. Tamil Nadu is third on the list with 402 cases against 178 MPs and MLAs, of which 324 are pending.
