In a move that appears to be contrary to the stand taken by the Election Commission, the Central government on Tuesday stated that there cannot be a judicial order to restrain persons lodged in jails or charged with heinous crimes from contesting elections. Attorney General KK Venugopal however, clarified that there was already a law that disqualifies a convicted persons from contesting elections.
The Attorney General also shot down a suggestion made by the Chief Justice of India Dipak Misra, about issuing a directive to political parties against putting up candidates who have charges framed under serious offences such as rape, murder and corruption, adding that it was not for the courts to lay down new norms.
In its response, the EC has pleaded the apex court to direct the Centre to amend the law; its affidavit states that the Representation of the People Act be amended to bar chargesheeted politicians facing trial in serious offences — with the caveat that cases should have been registered six months prior to elections. The six-month clause was intended to prevent malicious action by political opponents.
The petition filed by the NGO sought to ban convicted persons from forming a political party and becoming office-bearers. "Many of such persons facing charges of a grave nature end up winning elections and entering our temples of democracy which is highly undesirable and the issue needs to addressed...However, any further steps to effectively decriminalise politics would require legislative amendments which is beyond the scope of Election Commission," stated the petition.
CENTRE’S POSITION
“Your intentions are very noble, but is it for the courts to say something like this? It will be doing a violence to the freedom of a political party in a democratic set-up,” said Venugopal.
