In order to prevent persons with criminal antecedents from contesting elections, a Constitution Bench of the Supreme Court on Tuesday mulled the possibility of asking the Election Commission to cancel the registration of political parties that field such candidates in elections.
Stating that something must be done to “contain the rot” of criminalisation of politics, a five-judge bench said it may not stop at that as it is further contemplating to ask the poll panel to ensure that such candidates facing criminal cases should not be given the common election symbol of the party to contest polls.
The suggestions came from a Constitution Bench headed by Chief Justice Dipak Misra during the hearing of a PIl filed by NGO Public Interest Foundation to ensure that without waiting for an order of conviction, disqualification to fight elections must be enforced at the stage when charges are framed in heinous offences punishable with more than two years imprisonment.
The Centre opposed the suggestions by the bench on the ground that it amounted to judicial legislation. Attorney General KK Venugopal who appeared for the Centre said, “By this move, you are imposing sanction both against the candidate and the political party. Is this not amounting to legislationij”
The bench, also comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra rebutted. It said, “We understand that we cannot legislate. But short of that, can we not ask the political party to disclose to Election Commission the persons with criminal antecedents and failure to disclose may result in the party losing recognition. There is no bar on the candidate to stand for elections. We will incorporate this condition into the Symbols Order to ensure such candidates do not get the common party symbol. “
Venugopal replied that in this country, one cannot lose sight of the ground reality that criminal cases are filed against candidates by their rivals even on the eve of elections. He pointed out to the corrupt electoral malpractices that abound during the conduct of elections despite Court ruling against it. The bench maintained that such a ruling will not take away the right of the candidate to fight elections and this way, it will not amount to stepping into Parliamentary domain.
One judge on the bench, Justice Indu Malhotra supported the A-G submission by suggesting that the threshold of disqualifying election candidates should be at the conviction stage as there is presumption of innocence till a person is proved guilty. The arguments by A-G will continue next Tuesday.