Parliament make law to keep criminals away from contesting election: SC

The Supreme Court of India on Tuesday said, It would not debar Members of Parliament(MP) and MAL’s facing criminal charges from contesting the election. But the apex has put the ball in Parliament’s court saying the Parliament should ensure that the criminal must not enter into public life. The Court also issued a direction with a view to curbing the criminalisation of Politics.

The Chief Justice of India Dipak Misra read out an order saying, “We are not in a position to add disqualification of candidates on the filing of charge-sheet in criminal cases.”  The court has indicated that time has come to clean Indian politics from criminals and these people must stay away from politics and lawmaking. The court said, “National interest demands parliament enacts such legislation and the country awaits such a legislation.”

Dipak Misra added,  “It’s the responsibility of all to enforce the law.” The court was responding to a petition seeking disqualification of Indian lawmakers even before they were convicted in criminal cases to curb  ‘criminalisation of politics’ around the country.

The Court also said that the Election Commission of India can not deny anyone a symbol to contest an election, but candidates must declare their pending criminal cases before their parties and it must put this on their respective websites and publicise it. “Such candidates should give in bold letters details of pending criminal cases to the Election Commission,” the court further said.

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The bench was comprised with Justices Rohinton Fali Nariman, AM Khanwilkar, DY Chandrachud, Indu Malhotra and  Chief Justice Dipak Misra.

Referring to the concept of presumption of innocence until a person is proven guilty, Attorney General KK Venugopal, representing the Centre, had said that depriving a person of contesting elections on a party ticket would amount to a denial of the right to vote, which also included the right to contest.

During an argument, the Attorney General quoted by NDTV as saying, “Mere allegation cannot prevent a member from contesting.” He also said the court can’t remain oblivious of the fact that political aspirants are often framed in cases ahead of polls and said that fast-track courts to try accused politicians were ‘the only solution’.

The petitioners also pointed out that several lawmakers and legislatures trails were deliberately delayed and later on these unscrupulous people become lawmakers. 

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