On February 12, Supreme Court has asked how a convicted criminal could lead a political party or choose candidates for elections
Criminals cannot be stopped from forming political parties, the Centre submitted before the Supreme Court on Wednesday. The Centre was responding to a PIL seeking a ban on convicted politicians from holding important positions within political parties.
In an affidavit filed through Additional Solicitor General (ASG) Pinky Anand, the Centre opposed the top court's intervention in this issue suggesting that it could not compel the State from bringing an amendment to an existing law.
"…the post-holder of any party is not a 'representative' (in terms of RPA)…the appointment of a post-holder to a political party is a matter of party autonomy and it may not be apposite to preclude the Election Commission from registering a political party merely because a particular post-holder is not qualified to contest elections," the Centre said in an affidavit filed before the apex court.
The Centre added that issues relating to electoral reforms was already under consideration and the Law Commission of India in its 255th report was examining plausible recommendations which included regulation of political parties and inner party democracy.
Though suggestions for reforms were sweeping in, the report was not examining any "recommendation or suggestion made by the Law Commission in relation to Section 29A and refusal of registration of political parties based on criminal antecedents of post holders of such parties."
"…In fact the said report has suggested empowering ECI to de-register parties in certain situations, none of which are relatable to the existence of criminal antecedents of post-holders of a political party," the Centre said.
On February 12, the top court questioned how a convicted criminal could lead a political party or choose candidates for elections. Suggesting that corruption should be ostracized from the purity of politics, the three-judge bench observed that this went against the basic tenet of democracy.
"How can a convicted person be an office-bearer of a political party and select candidates to contest elections? This goes against our judgements that corruption in politics to be ostracised from the purity of elections," Chief Justice of India Dipak Misra had said.
Allowing convicted politicians to lead a political party with the power and authority to choose candidates who would contest elections was a serious lapse in the electoral process. The bench which also comprised Justices AM Khanwilkar and DY Chandrachud questioned democracy under such a process.
The top court was hearing a plea filed by advocate Ashwini Kumar Upadhyay who sought a ban on convicted politicians from floating or leading a political party.
"This goes against our judgments that corruption in politics [are] to be ostracised from the purity of elections," the CJI added. "What you cannot do individually [contest elections], can you do collectively through some of your agents," he said.
"A man cannot directly contest an election, so he constitutes a group of persons to form a political party and contest an election. People can form an association of people to do philanthropic activities like have a hospital or a school. But when it comes to the field of governance, it is different," CJI Misra said.
Slamming corruption in politics, the apex court said a reform to ban convicted persons from becoming office-bearers of political parties would be in consonance with its past judgements.
PAST HEARING IN SC
- On February 12, Supreme Court has asked how a convicted criminal could lead a political party or choose candidates for elections.
- Suggesting that corruption should be ostracized from politics, a three-judge bench observed that this was against the basic tenet of democracy.
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