Make public pending criminal cases of candidates within 48 hours of selection: SC to parties

Holding that candidates for elections should not be selected merely on their "winnability", the Supreme Court on Thursday directed political parties to make public within 48 hours details of pending criminal cases against them, in a far-reaching verdict aimed at decriminalising politics.

The political parties were ordered to upload on their official websites and social media platforms details of the pending criminal cases against their candidates and the reasons for selecting them with the court observing there has been an "alarming increase" in the incidence of criminals in politics since the 2004 Lok Sabha polls.

The court said this should be done within 48 hours of the selection of the candidate for Lok Sabha and Assembly polls or at least two weeks before the first date for filing of nominations, whichever is earlier.

"The political party concerned shall then submit a report of compliance with these directions with the Election Commission within 72 hours of the selection of the said candidate," said the bench of Justices R F Nariman and S Ravindra Bhat.

The court also directed as to why other individuals without criminal antecedents could not be selected as candidates.

Besides making available the details of the pending criminal cases on the official social media platforms of the political parties, including Facebook and Twitter, the court directed it should be also published in one vernacular and one national newspaper.

The reasons for selecting candidates having pending criminal cases should be with reference to their qualifications, achievements and merit and not merely on "winnability" at the polls, it said.

"It appears that over the last four general elections, there has been an alarming increase in the incidence of criminals in politics," the bench said referring to the data placed before it.

"We have also noted that the political parties offer no explanation as to why candidates with pending criminal cases are selected as candidates in the first place."
Referring to the 2018 verdict, the bench said, "In this judgment, this court was cognisant of the increasing criminalisation of politics in India and the lack of information about such criminalisation amongst the citizenry."