Pleas over disqualification of lawmakers: SC says criminalisation should not enter politics

The Supreme Court today commenced hearing on pleas seeking to bar persons facing serious criminal charges from contesting elections saying "criminalisation" should not enter "our political system".

A five-judge constitution bench headed by Chief Justice Dipak Misra, also referred to the doctrine of separation of power and said the courts should not cross "lakshman rekha" and venture into the law making power of Parliament.

"It is the lakshman rekha to the extent that we declare the law. We don't make the law, which is in the domain of Parliament," the bench also comprising Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra said.

Attorney General K K Venugopal, appearing for the Centre opposed the petitions saying that the issue squarely fell under the domain of Parliament and moreover there is a concept that a person is innocent till proven guilty.

The bench referred to the constitutional provision relating to oath of a minister and asked whether a person facing a murder charge "can still take the oath that he/she will uphold the Constitution of India".

"There was nothing in the oath which can establish that a person facing criminal charges will not uphold the Constitution and moreover there are provisions of right to fair trial in the Constitution and a person is presumed to be innocent till proven guilty," Venugopal said.

At the outset, senior advocate Dinesh Dwivedi, appearing for NGO Public Interest Foundation, claimed there were 34 per cent lawmakers with criminal background in 2014 and it was quite "impossible" that Parliament will make any law to stop criminalisation of politics.

He exhorted the apex court to deal with criminalisation of politics.

The hearing will continue after lunch.

A three-judge bench, on March 8, 2016, had referred the matter to a five-judge Constitution bench.

While referring the issue to the CJI, the court had said the larger bench would deal with the question: "Can a legislator facing criminal trial be disqualified at conviction or at the framing of charges in the case?"
BJP leader and advocate Ashwani Kumar Updhaya has also filed a plea seeking a direction to the the Centre and others "to bring in electoral reform and to make rules... and Code of Conduct for de-criminalisation and de-communalisation of politics and for eradication corruption, casteism and nepotism from electoral system."