Criminals in politics
What did India’s top court rule?
India’s top court says it can’t ban criminals in politics, leaves matter to parliament |
India’s Supreme Court (SC) yesterday declined to interfere in a plea seeking to debar candidates facing criminal charges from contesting elections. But it urged parliament to enact a law to address the malaise of criminals entering legislatures.
The apex court said it could not add any further disqualification to the law. At the same time, it directed political parties to post on their websites full details of the criminal charges that the candidates they were fielding in elections were facing. The information should also be publicised in the media.
Q: What is the Supreme Court verdict about?
A: The verdict was pronounced on a batch of pleas raising a question whether lawmakers facing criminal trial can be disqualified from contesting elections at the stage of framing of charges against them.
The petitioners pointed out that trials in cases involving politicians were deliberately delayed, and therefore, several lawbreakers entered the legislature and became lawmakers.
Q: What is the current situation regarding contesting elections by people with criminal cases pending against them?
A: The status before the filing of these petitions was that lawmakers were barred under Representation of Peoples (RP) Act from contesting elections only after their conviction in a criminal case.
Q: What did the court say?
A five-judge Constitution A: bench headed by Chief Justice Dipak Misra said that decriminalisation of politics was an important issue, but “it cannot make laws” on the same.
The court said that each contesting candidate must state in bold the criminal cases pending against him/her in the forms
to be filed at the time of filing nomination papers. Every political party must be informed about pending criminal cases and the party’s website should have these details.
The apex court said that citizens have a right to be informed about the antecedents of their candidates.
“The direction to compel political parties to go public about their criminal candidates is a step to foster and nurture an informed citizenry and to protect the culture
and purity in politics,” the court observed.
Chief Justice Misra said it was the duty of the parliament to keep money and muscle power at bay.
“Parliament should cure the malignancy and it is not incurable before it becomes fatal to democracy. National interest demands parliament enacts such legislation and the country awaits such legislation. The parliament must make laws to ensure candidates with criminal antecedents don’t enter public life and take part in law-making. It is the responsibility of all to enforce the law,” the chief justice said.
The court said it was one thing to take cover under the presumption of inncocence, but it was quite another to allow politics to be smeared by criminal stain.
Q: What was the view of the Central Government on the issue?
A: Attorney General KK Venugopal, representing the Central Government, said that denying a person the right to contest polls on a party ticket would amount to denying the person the right to vote, which includes the right to contest.
Q: What is the apex court’s view on criminal politicians?
A: The SC said politicians with criminal records are nothing but a liability to the country. Their presence in power strikes at the very root of democracy. Criminalisation of politics and corruption, especially at the entry level of elections, has become a national and economic terror. It is a disease that is self-destructive and is becoming immune to antibiotics.
Q: What happens next?
A: It is up to the government now to legislate on the issue.
Q: Is there a possibility of fake cases?
A: Yes, always. Attorney General Venugopal informed the SC that a “mere allegation should not prevent a member from contesting. The court cannot remain oblivious of the fact that political aspirants are often framed in cases ahead of polls.”
Q: Are there people with criminal records in parliament?
A: .Only those convicted of criminal charges are barred from contesting elections or remaining in power.