The Supreme Court on Wednesday observed that barring persons with criminal antecedents to continue as elected representatives was outside the judicial domain and such decision rests with the legislature. During hearing of a PIl filed by NGO Public Interest Foundation demanding charge-sheeted MlAs/MPs to be barred from continuing in office, a bench headed by Chief Justice Hl Dattu said, “It is for the representatives of people to take a call. They know how to govern the country. They know what type of people should be there. We should not be stepping into their arena.”
Presently, the Representation of Peoples Act provides disqualification for those elected representatives who are held guilty for a criminal offence punishable for a term beyond two years. With the Court expected to continue hearing arguments on the PIl on Thursday, it raised a fundamental objection on whether it can add to the legal provision knowing the dictum of law that a person is innocent, till proved guilty.“In the name of judicial activism, should we be stepping into the arena marked for legislaturesIJ There is a separation of powers,” observed the bench, also comprising Justices AK Sikri and Arun Mishra.