Supreme Court refuses to bar tainted lawmakers from contesting polls, puts onus on Parliament
Supreme Court
The Supreme Court of India on Tuesday refused to give its verdict on the disqualification issue stating that the government must create a law that should bar criminals from contesting polls, news agency ANI reported.
"Parliament must ensure that criminals must not come to politics," Chief Justice of India Dipak Misra noted while reading out the verdict on PIL seeking to disqualify candidates contesting polls.
The bench said that informed choice is the corner stone of democracy and termed criminalisation of politics of the largest democracy as "unsettling".
The apex court favoured wider publicity, through print and electronic media about the antecedents of candidates affiliated to political parties.
"Political parties shall be obligated to put all information about their candidates on their websites," it stated.
"No bar on criminal antecedents of political leaders, it's Parliament to make laws," the apex court stated.
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It further added that citizens have the right to be informed about the antecedents of their candidates.
The top court described corruption as "economic terrorism" adding that the candidates will have to inform the party about any corruption/criminal cases pending.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud had on July 9 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.
The bench had earlier taken note of the Centre's submission that an MP or an MLA is an elected representative and not a full-time employee of the government, hence the plea was not maintainable.
In August, CJI Misra had pressed for the creation of a law that would bar candidates with criminal records from contesting polls.
The apex court described it as the Parliament's "constitutional duty" to bring such a law into force stating that the top court can only "declare a law" and not make one.
(With inputs from PTI)