While hearing the petition to ban individuals from contesting elections with a criminal record, Supreme Court on Tuesday refused to do so and said that it cannot interfere with the legislative domain to ban those facing criminal charges on the basis of a chargesheet.
Currently, under the Representation of People Act, 1950, the candidates can contest an election until they are convicted in a criminal case.
However, the Supreme Court narrated that the legislature should make laws which could stop the admission of persons with criminal charges in the Parliament. Also, the apex court asked the candidates to highlight their criminal background, if any, in bold letters while submitting their required affidavit to the election commission.
SC further narrated that political parties should provide the voters with every detail, including criminal records, of their candidates and ministers on the party’s website.
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The petition was heard by a bench of five judges led by Chief Justice of India (CJI) Deepak Misra including Justice RF Nariman, Justice M Khanvilkar, Justice DC Chandrachud, and Justice Indu Malhotra.
Earlier, the apex court observed while maintaining an individual’s freedom to contest in elections that the individuals facing criminal charges cannot contest elections on party’s ticket under its symbol. However, the centre has argued otherwise saying that the judiciary should not create pre-condition.
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According to media reports, earlier this year, the central government informed the apex court in an affidavit that 1,765 MPs and MLAs were facing criminal trials in 3,045 cases.
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