[Draft] Supreme Court on PlL seeking to debar criminals from contesting elections

A Supreme Court Bench of Justice K.M. Joseph and Justice Hrishikesh Roy, in a PIL where debarring criminals from contesting elections was sought for, was of the opinion,

The division bench of the Supreme Court had earlier issued notice in a petition seeking a direction to the Union of India to take appropriate steps to debar the person from contesting election, against whom charges have been framed in serious offences.

The Court questioned Upadhyay as to under what statute, the offence alleged against the candidates was "serious".

"Law Commission report my lord. Serious offences where charges have been framed", replied Upadhyay.

Court accordingly issued notices to the Ministry of Home Affairs, Ministry of Law and Justice and Election Commission of India.

It is the petitioner's case that the Law Commission on more than four occasions has submitted in its report the need to decriminalise politics, but the Centre has not implemented any of its suggestions.

"The facts constituting cause of action accrued on 25.5.2019, when out of 539 winners of 17" Loksabha, 233 (43%) declared criminal
cases against themselves. Out of 542 winners analyzed after 2014 Lok Sabha elections, 185 (34%) winners had declared criminal cases against themselves. Out of 543 winners analyzed after 2009 Lok Sabha elections, 162 (30%) winners had declared criminal cases...", the petition stated.

It is Upadhyay's argument that the injury caused to people is large because criminalization of politics is at extreme level and political parties are still setting-up candidates with serious criminal antecedents which leads to voters finding it difficult to cast their vote freely and fairly though it is their fundamental right, guaranteed under Article 19.

The plea while underlining Section 29A of the Representation of the People Act, 1951, stipulated that there are certain provisions under the Act which disqualify people from contesting the election. Thereby, the people who are disqualified, especially who have been convicted under the criminal law and stand disqualified, should not be allowed to take the benefit of Section 29A of the 1951 Act.

Case Title: Ashwini Kumar Upadhyay vs. Union of India and Ors.