Breaking: Candidates Cannot Be Disqualified On Framing Of Charges In Criminal Case: SC [Read Judgment]

The Court expressed anxiety at the increasing criminalization of politics; but left the matter to be addressed by the Parliament.The five-judge Constitution Bench of the Supreme Court held that candidates cannot be disqualified merely because charges have been framed against them in a criminal case. The bench has urged the legislature to consider framing law to ensure decriminalisation of politics.The judgment came on petitions filed by BJP Leader Ashwini Updhyaya, former CEC JM Lyngdoh & NGO, Public Interest Foundation by a bench comprising Chief Justice of India Dipak Misra, Justice RF Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra.DIRECTIONS(i) Each contesting candidate shall fill up the form as provided by the Election Commission and the form must contain all the particulars as required therein.(ii) It shall state, in bold letters, with regard to the criminal cases pending against the candidate.(iii) If a candidate is contesting an election on the ticket of a particular party, he/she is required to inform the party about the criminal cases pending against him/her.(iv) The concerned political party shall be obligated to put up on its website the aforesaid information pertaining to candidates having criminal antecedents.(v) The candidate as well as the concerned political party shall issue a declaration in the widely circulated newspapers in the locality about the antecedents of the candidate and also give wide publicity in the electronic media. When we say wide publicity, we mean that the 98 same shall be done at least thrice after filing of the nomination papers.Parliament To Make Law The Bench observed that time has come that the Parliament must make law to ensure that persons facing serious criminal cases do not enter into the political stream."It is one thing to take cover under the presumption of innocence of the accused but it is equally imperative that persons who enter public life and participate in law making should be above any kind of serious criminal allegation. It is true that false cases are foisted on prospective candidates, but the same can be addressed by the Parliament through appropriate legislation. The nation eagerly waits for such legislation, for the society has a legitimate expectation to be governed by proper constitutional governance. The voters cry for systematic sustenance of constitutionalism. The country feels agonized when money and muscle power become the supreme power. Substantial efforts have to be undertaken to cleanse the polluted stream of politics by prohibiting people with criminal antecedents so that they do not even 100 conceive of the idea of entering into politics.".In its petition filed in 2011, the NGO had essentially sought guidelines or framework to deal with the menace of criminalization of politics, and had demanded that those charged with serious offences be debarred from contesting elections.The matter was initially referred to a three judge bench, which was expected to examine: Whether disqualification for membership can be laid down by the Court beyond Article 102(a) to (d) and the law made by Parliament under Article 120(e)?The Centre had then placed reliance on a constitutional bench judgment in Manoj Narula v. Union of India and had asserted that this judgment conclusively answers the question referred to the three-judge bench. The Court had however opined that the judgment did not conclusively answer the question referred to it, and had then referred the issue to a Constitution Bench.Hearing The five-judge Bench had then commenced hearing the petition on August 9. On the final day of the hearing on August 28, the Bench had posed tough questions on the feasibility of the proposition.The five-judge bench, in view of the principle of separation of powers and the consequent “Lakshman Rekha” between the Legislature and the Judiciary, had been Disinclined to “exhort the Parliament” to lay down a law for disqualification of candidates who are facing serious charges.The court had observed that while the power of superintendence and control of elections as vested in an Election Commission under Article 324 is only general, Article 102(1)(e) specifically envisages a ground for disqualifying one from being chosen as or being an MP to be prescribed by a law made by the Parliament.The bench had noted that the law in this behalf is not silent (unlike the Vishaka case); that the law so enacted by the Parliament, being the Representation of People’s Act, provides for disqualification upon conviction.The court also expressed doubts over the prayer for issuing mandamus to the EC to extend this disqualification to all stages of a criminal proceeding, such a direction being tantamount to creating a new offence and, by extension, laying down the law.Alternatively, on behalf of the petitioners, it was suggested that the court may direct the Election Commission to restrain political parties from granting tickets to or accepting support ...

Breaking: Candidates Cannot Be Disqualified On Framing Of Charges In Criminal Case: SC [Read Judgment]

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