Law Commission report on disqualification of candidates

The Law Commission today brought out a report on disqualification of candidates upon framing of charges and the issue of false affidavits.
The report submitted to Law Minister Kapil Sibal will be forwarded to the Supreme Court.
In December 2013, the apex court had asked the law panel to submit a report on the two issues - whether disqualification should be triggered upon conviction as it exists today or upon framing of charges or filing of charge sheet and whether filing of false affidavit under Section 125A of Representation of the People Act should be a ground for disqualification.
The contents of the report were not immediately known as government officials maintained that it will be presented to the apex court.

The Supreme court wanted to know if charge sheet can be a ground for disqualification, what mode and mechanism be followed for such an action.
In its consultation paper brought out last year, the Law Commission had also asked respondents whether, in addition to the existing scheme of disqualification, a new statutory provision needs to be inserted for evaluation of fitness of a candidate by an independent body.
While the Law Ministry has proposed that a person against whom a court has framed charges for allegedly committing a crime carrying punishment of at least seven years should not be allowed to contest polls, the Election Commission has proposed before Supreme Court that any person charged with offences punishable with a jail term of five years or more should be barred.