Home Law Candidates can't be barred from contesting polls on framing of criminal charges only: SC

Candidates can’t be barred from contesting polls on framing of criminal charges only: SC

Supreme Court has declined to interfere in a plea to debar candidates facing criminal charges from contesting elections and established that the MPs and MLAs could not be disqualified from contesting elections merely at the stage of the framing of charges unless they are proved guilty or convicted.

The five-judge bench headed by Dipak Misra said that the onus lies on the Parliament to make relevant laws to prevent people with serious criminal cases pending against them from entering legislature and be part of lawmaking and furthered that there is no bar under the Bar Council of India (BCI) rules to debar legislators from practising in court.

However, the SC stated that the voters have the right to be informed about the criminal antecedents of their candidates, therefore, keeping this in view SC directed that each candidate shall declare his/her criminal antecedents to the Election Commission before contesting an election.

- Ad - - article resumes -

Court has directed that criminal records of the candidate should be mentioned in bold letters in nomination forms, and candidates also inform their party about their criminal records if they are contesting from a party ticket. And the political parties should display the information about criminal records of their candidates on their websites.

The court also recommended that the political parties through local media, both print and electronic, should give wide publicity to the criminal cases pending against their candidates after the candidate files his/her nomination to contest the elections so that the voters are well informed before taking their decision. The apex court judgement says that political parties should issue such declarations at three times after filing nomination papers.

Presently, under the Representation of Peoples (RP) Act, the lawmakers who are convicted in a criminal case are barred from contesting elections.

The Centre had previously contended that as the RP Act already deals with the issue of disqualification the judiciary should not venture into the legislative arena by creating a pre-condition which would adversely affect the right of the candidates to participate in polls.

The bench comprising of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud had on 9th July reserved the order on the PIL filed by BJP leader and advocate Ashwini Upadhyay seeking to bar lawyer-lawmakers (MPs, MLAs, MLCs) from practising in courts during their tenure in the legislature.

Attorney General K K Venugopal said such a ban is not correct or justifiable as being an MP/MLA is not a full-time job. The attorney general added that there cannot be any “prohibition” as members of Parliament is not a job under the Government of India.

The full order of the court can be accessed here [PDF].

Help Opindia Reach Every Indian. Share This Post
We need your support to survive in the media industry. Please consider paying us for the content we produce:

To know more about these payments, please click here.


Big Story

Sanjay Leela Bhansali set to produce an hour-long movie based on the life of PM Modi and is titled Mann Bairagi.

2019 World Cup Is Here!

Catch the latest on Cricket World Cup as it unfolds, special coverage by Opindia

To Advertise on Opindia.com Click here

‘Professional Congress’ member posts promotional tweets for 500 rupees, blames ‘social media manager’ after having defended tweet

Flipkart Big Billion Sale is here and well, 'Congress supporters' would like to earn a few quick bucks.

‘Kashmir free from shackles of Pakistan sponsored terrorism’: Pakistani org representing Pashtuns refuses to support Imran Khan’s Kashmir protest, backs India

Pashtun Tahaffuz Movement (PTM), the principal body representing Pashtuns in Pakistan, has rejected Prime Minister Imran Khan’s recent call to all people in which he urged them to come out and support Pakistan’s narrative on Kashmir. 

Prashant Kishor’s team starts reaching out to media and influencers with ‘paid content’ offers ahead of West Bengal assembly elections

Darjeeling Chronicle has exposed how Prashant Kishor led IPAC is reaching out to 'influencers' and digital portals to carry out paid campaigning for TMC and Mamata Banerjee ahead of 2021 West Bengal state elections

Suvarna news anchor wants scientist arrested for his sarcastic Tweet about ‘Mysore Pak’, claims his act was ‘seditious’

The anchor of Suvarna news, Jayaprakash Shetty has now asked for the arrest of scientist Ranganathan for claiming Mysore Pak belonged to Tamil Nadu in a sarcastic Tweet
Stopped for traffic rules violation, Delhi girl threatens suicide

Watch: Stopped by traffic cops, Delhi girl threatens with suicide, helmet attack and then her mother

The girl was reportedly stopped for the broken license plate on her two-wheeler. When the traffic police demanded to see the scooter's documents, she stated that she had no papers.
Image Source: twitter

Malala Yousafzai spreads fake news, claims girl from Kashmir missed her exams on August 12 which was an Eid holiday

According to Malala, one of the three girls from Kashmir missed her exams on August 12. However, August 12 is a notified holiday declared across the country by Government of India on the occasion of Bakr Id or Eid ul-Adha.

Kannada media spreads fake news, accuses Nirmala Sitaraman of ‘giving’ Mysorepak to Tamil Nadu

No one had expected that a huge controversy would erupt over the issue of Mysore Pak, which originated in Mysuru during the rule of Wodeyar dynasty.
Sharad pawar invents a new excuse to shift the blame of the defeat in the Lok Sabha polls

Pakistan hospitable, BJP govt spreading lies about Pakistan for political gains: NCP supremo Sharad Pawar at minority event

NCP chief Sharad Pawar expressed his admiration for terror state Pakistan stating that the people of Pakistan are "very hospitable" while blaming BJP govt for spreading lies about Pakistan for political gains
N Ram slams courts and judges, says Chidambaram's arrest is 'monstrous injustice'

The Hindu Chairman doubles up as judge, gives clean chit to Chidambaram at a Congress event, says ‘no evidence’ against him

Ram even did not even spare the judges of the Supreme Court. He stated that there are factual mistakes in the order of justices Bhanumathi and Bopanna.
Subscribe to Day's Top Stories
[newsletter_form type="minimal"]
- Advertisment -

Latest articles

Connect with us

182,787FansLike
180,279FollowersFollow
97,446SubscribersSubscribe
Help Opindia Reach Every Indian. Share This Post