Govt warns SC over ‘judicial overreach’

Government vs judiciary: Stopping criminals from contesting polls

NEW DELHI: The Supreme Court’s idea for stopping criminals from contesting polls on Tuesday provoked the government into warning of “serious consequences” if the court overstepped its jurisdiction and touched “area forbidden by the constitution”.

“Can we give power to the Election Commission to deny symbol to political parties who field criminals as candidates” - this question from Supreme Court rattled the centre, which replied that “it was for elected representatives to decide, not the court”.

The centre’s lawyer said, “it will have serious consequences, and it is unconstitutional”.

Chief Justice Dipak Mishra said to the centre that it was a question of adding a point to the symbol order of the Election Commission, saying if criminals contested in polls, they would not be given the party symbol.

Justice Indu Malhotra differed with the view of the Chief Justice and other fellow judges and said, “So many cases of political vendetta will be filed.. .it must be only after conviction.”

Justice Rohinton F Nariman disagreed with the centre, asserting that the Supreme Court is not stepping into parliament’s territory.

Justice DY Chandrachud pointed out the Election Commission can add a condition of denying symbol to criminals contesting on behalf of political parties.