Issuing a slew of directions for curbing criminalisation of politics, a five-judge Constitution headed by Chief Justice Dipak Misra said that Parliament must make a law to stop criminals from contesting elections.
The Supreme Court on Tuesday said that Indian democracy has seen a steady increase in criminalisation of politics while it left it to the Parliament to make a law to ensure that those facing serious criminal cases do not become lawmakers by contesting assembly or parliamentary elections.
Issuing a slew of directions for curbing criminalisation of politics, a five-judge Constitution headed by Chief Justice Dipak Misra said candidates contesting must mention in bold letters their criminal antecedents in the nomination affidavit.
Political parties must put up criminal antecedents of their candidates on their websites, in the local media, both print and electronic, after they file nomination to contest the elections,
The bench, also comprising Justices RF Nariman, AM Khanwilkar, D Y Chandrachud and Indu Malhotra, asked candidates and political parties to give wide publicity on criminal cases pending against the candidates in the local media, both print and electronic, after they file nomination to contest elections. Political parties must put up criminal antecedents of their candidates on their websites, the court said.
Refusing to order disqualification for candidates facing heinous criminal cases, the top court said that it cannot cross the Laxman Rekha.
The bench was hearing the PILs filed by NGO 'Public Interest Foundation' and BJP leader Ashwini Kumar Upadhyay raising a question whether lawmakers facing criminal trial can be disqualified from contesting elections at the stage of framing of charges against them. Presently, lawmakers are barred under the Representation of Peoples (RP) Act from contesting elections only after their conviction in a criminal case.
The Centre had contended that the judiciary should not venture into the legislative arena by creating a pre-condition which would adversely affect the right of the candidates to participate in polls as there was already the RP Act which deals with the issue of disqualification.
Referring to the concept of presumption of innocence until a person is proven guilty, the Centre had argued that depriving a person from contesting elections on a party ticket would amount to denial of the right to vote, which also included the right to contest.
The bench had reserved its verdict on August 28.
1,765 members of Parliament and the assemblies have criminal cases against them, the Centre had told the top court in a separate matter. Of a total 3,816 cases against them, 3,045 are still pending.
While Uttar Pradesh tops the list with 248 legislators, Tamil Nadu and Bihar are placed second and third with 178 and 144 cases respectively.
(With PTI inputs)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "File photo of Supreme Court of India, Reuters")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}