SC leaves decision on criminal netas to Parliament
September 25, 2018  11:12
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The Supreme Court hearing a batch of petitions, seeking disqualification of lawmakers even before their conviction in criminal cases, leaves the decision to Parliament to form a law.


The court said it is not in their purview to do so and asks legislature to consider framing a law to ensure decriminalisation of politics. The court said informed choice is a cornerstone of democracy and terms criminalisation of politics of the largest democracy as unsettling.


The five-judge Constitution Bench headed by Chief Justice of India Dipak Misra includes Justice RF Nariman, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Indu Malhotra is hearing the petition. The bench  had on August 28 reserved the verdict on the plea filed by Public Interest Foundation in 2011.


The SC says that citizens have the right to be informed about the antecedents of their candidates and directs that each candidate shall declare his/her criminal antecedents to the Election Commission in bold letters before contesting an election. The apex court said political parties shall be obligated to put all information about their candidates on their websites.
The SC also directs wider publicity, through print and electronic media, antecedents of candidates affiliated to political parties.


The court said corruption has becomes a national economic terror, but candidates cannot be disqualified before the framing of charges. The court said that voters must be aware of the candidates' criminal antecedents before they cast their vote.


The court had earlier dubbed criminalisation of politics as a "rot", and said it may consider directing the Election Commission to ask political parties to get their members disclose criminal cases against them so that electors know how many "alleged crooks" are there in such parties.
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