How can convict lead political party, asks Supreme Court

If a convict can't contest an election, how can he head a political party, the Supreme Court observed on Monday. Suggesting that corruption should be ostracised from the purity of politics, the three-judge bench observed 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 judgments that corruption in politics should be ostracised from the purity of elections," Chief Justice of India Dipak Misra said.

Questioning democracy under such a process, the Bench, which also comprised Justices AM Khanwilkar and DY Chandrachud, observed that allowing convicted politicians to lead a political party with the power and authority to choose candidates who would contest elections will be a serious lapse in the electoral 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 said. "What you cannot do individually [contest elections], can you do collectively through some of your agents," he asked.

"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.

Additional Solicitor General (ASG) Pinky Anand said the government would need some time to file a response on this issue.

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 judgments.

The matter will now be heard after two weeks.

IF SC HAS ITS WAY, THEY STAND TO LOSE

If the apex court finally allows the prayer sought by the petitioner, convicted politicians such as Om Prakash Chautala and Lalu Prasad would no longer be in a position to hold any position in INLD and RJD, respectively. Others to be affected will be former Jharkhand chief minister Madhu Koda, Shibu Soren of the Jharkhand Mukti Morcha, and AIADMK leader Sasikala.

SC’S POLL REFORMS

2003: A voter has right to know candidates’ qualifications, assets, liabilities & criminal antecedents.

2013: Freebies vitiate poll process; asks EC to frame guidelines.

2013: An MP/MLA sentenced to two or more years in jail to be disqualified immediately.

2013: Voters get the option of none of the above (NOTA) in EVMs.

2015: A legislator’s election can be declared “null and void” for non-disclosure of criminal antecedents.