The Supreme Court recently ordered instant disqualification of lawmakers convicted in heinous crimes - a judgment which has seen all political parties unanimously rejecting it and the Government swiftly moving a review petition in the top court.
On Monday, it was the Election Commission which upped the ante against tainted politicians by suggesting against waiting even till conviction. It demanded that a person should be barred from contesting polls at the very outset when charges have been framed against him in a criminal case.
The EC’s suggestion in an affidavit came on a PIl that raised similar demands before the SC. The Commission said framing of a charge is done after judicial scrutiny of the evidence and the accused person should not be allowed to contest election as he ceases to have requisite excellence and integrity for public office.
The court has sought the response of the Centre to this suggestion. Along with this demand, the bench of Justices RM lodha and Madan lokur asked the Centre to respond to the other demands raised in the PIl filed by NGO Public Interest Foundation, which suggested laying down guidelines to bar those charged with serious criminal offences from contesting elections and a time-frame of six months for trial of such persons.
The EC justified its stand by saying that only at the stage of framing of charge is the judicial notice taken of the charges against the accused. Till then, it is merely an allegation.
The PIl also demanded to strike down Sec 8(4) of Representation of Peoples Act which allowed elected representatives to appeal against their conviction and continue in office. But since another apex bench on July 10, 2013 had struck down the provision as constitutionally invalid, and against which a review petition of the Centre was pending consideration on September 4, the Court did not deal with it.