Former Law Minister Ashwani Kumar Upadhyay who filed the plea sought setting up of a five-judge constitution bench during the summer vacation to hear the matter.
The apex court on Monday said it was not possible to set up a Constitution bench in the near future on issues pertaining to politicians with criminal histories contesting elections. The Chief Justice of India JS Khehar also shot down a plea for an urgent hearing on this matter.
"We have already fixed three matters for disposal by a five-judge Constitution bench in summer vacation," a bench comprising of the CJI and Justice DY Chandrachud said.
Former Law Minister Ashwani Kumar Upadhyay who filed the plea sought setting up of a five-judge constitution bench during the summer vacation to hear the matter. "It is a very important issue for democracy in our country. I was assured by the court that a bench would be set up," Upadhyay said when he mentioned the matter on Monday. Upadhyay added that the issue can be concluded soon as it will not take more than three days.
To this, the CJI responded by saying, "You cannot imagine how much time and effort is needed in writing judgments." Apart from reeling under the pressure of a massive backlog of cases, the Supreme Court (SC) has set up three constitutional benches to hear the triple talaq case, privacy issuing surrounding WhatsApp and cases related to illegal migration in Assam. Besides these cases, another 5,200 cases have been listed to be heard during the summer vacation which commences on May 11.
Upadhyay's petition said that it was impossible to decriminalise politics unless convicted felons were removed from the system as is done in the executive and the judiciary. His petition rested on three important points: (a) directing the Election Commission (EC) to set up Special Courts to decide criminal cases related to People Representatives Public Servants and Members of Judiciary, (b) implementation of the "Important Electoral Reforms" proposed by Election Commission, Law Commission and National Commission, and lastly, (c) setting a minimum qualification and maximum age limit for people's representatives and allow cost to petitioner.
In January, the top court had indicated that it might set up a Constitution bench to decide this issue. In March, the EC, which is a party to this case had submitted an affidavit supporting Upadhyay's petition.
In its affidavit, the EC submitted they were not "not adversarial and supported the cause espoused by the petitioner," on the first two points. On the last point, the EC opined that the issue was in the legislative domain and would require an amendment in the Indian Constitution. It also added that several recommendations to decriminalise politics were pending with Law Commissions for their further consideration including making bribery a cognizable offence and the prohibition of paid news.
Presently, a politician who has been convicted of criminal charges is banned from contesting election for 10 years. Should a law to this effect come to pass, it would affect politicians like Rashtriya Janata Dal's Lalu Prasad Yadav, Indian National Lok Dal leader OP Chautala and recently convicted AIADMK's Sasikala from holding any position in their parties
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