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A five judge bench comprising Chief Justice DipakMisra, Justice AM Khanwilkar, Justice DY Chandrachud, Justice RF Nariman, Justice Indu Malhotra held that candidates cannot be disqualified merely because charges have been filed against them in a criminal case. The bench urged the legislature for framing of laws to consider decriminalization of politics. The apex court gave a few directions.
The bench stated that in order to ensure a smooth functioning of the democracy, the legislature must consider framing laws that specifically bar candidates facing criminal charges to enter the politics. The petition was filed in 2011 by an NGO. The NGO mentioned that in order to decriminalize the political situation of the country, the candidates facing serious criminal charges must be deterred from contesting therein. The bench did not cross the line between the legislature and judiciary. But, it said that the law is not silent. The law, being the Representation of People’s Act provides for disqualification upon conviction. The court expressed doubts over issuing a mandamus to the Election Commission as had been asked for in the prayer, so as to disqualify a candidate in all stages of his criminal proceedings. On behalf of the petitioners, the court made a laudable move. It suggested that political parties must stop giving Election tickets to candidates with a criminal record. KK Venugopal mentioned that due to this loathing of criminals in Politics, the government cannot finally be controlled by them. While the judiciary did not mind the task of the legislature for framing of laws, it made one thing clear, that is the stronger requisites of the parameters of candidature, contesting an election.
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