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Satya Prakash
Tribune News Service
New Delhi, September 24
Should politicians facing criminal charges be debarred from contesting the polls? A five-judge Constitution Bench headed by Chief Justice of India Dipak Misra is to deliver its verdict on a PIL seeking de-criminalisation of the Indian politics on Tuesday.
The Bench, which also includes Justice RF Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra, had on August 28 reserved the verdict on the plea filed by Public Interest Foundation in 2011.
Ruling out any judicial legislation to check criminals entering Parliament and state legislatures, the Bench had last month wondered if it can ask the Election Commission (EC) not to allot symbols to parties’ candidates facing serious criminal charges even as the NDA government vehemently opposed it.
The Bench had said it would consider directing the EC to ask parties to get their members disclose criminal cases against them to enable voters to know about “alleged crooks” attempting to enter the legislature.
Attorney General KK Venugopal had told the Bench that Article 102 provided for Parliament to make a law on the issue and hence the SC should leave it to the wisdom of parliamentarians. He had reminded the Bench of the concept of separation of powers. “Everybody understands that. We cannot direct Parliament to make a law. The question is what we can do to stem the rot,” the Bench had commented.
But Venugopal had said what the court can’t do directly, it can’t do indirectly as even the direction to the EC had the same effect of disqualifying someone from contesting. “Nobody is disqualifying anybody. What we may direct the EC is that the election symbol of a political party be taken away if a person facing criminal charges is allowed to contest the election on its ticket,” Justice Nariman had clarified.
Taking a note of people with criminal antecedents becoming members of Parliament and Assemblies, the Bench had on August 9 said the problem can no longer be ignored by the legislature. “It is the duty of the legislature to respond to the collective cry of the citizens. Today, the citizens are saying please don’t let such people contest elections…It can’t be ignored by the legislature It’s a national thinking…,” it had said.
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