SC stays away from barring tainted politicians from contesting polls, leaves it to parliament
New Delhi, Sept 25 (IBNS): Staying away from barring tainted politicians from contesting polls, the Supreme Court on Tuesday said the parliament must make a law to prevent the entry of criminal antecedents into public life, media reports said.
A five-judge Constitution Bench led by Chief Justice of India (CJI) Dipak Misra was hearing petitions seeking barring of politicians facing criminal charges from contesting polls.
Reading out the order, Misra said as he has been quoted by NDTV, "We are not in a position to add disqualification of candidates on filing of chargesheet in criminal cases."
Leaving the matter to the parliament, the apex court said: "National interest demands parliament enacts such legislation and the country awaits such a legislation."
The top court said contesting candidates must declare their criminal records before their parties.
The criminal past of the contesting candidates must be put up in their respective party's website and should also be published in media thrice.
Presently, convicted lawmakers are disqualified from contesting polls under the Representation of the People Act.
The top court said candidates can't be barred from contesting polls until they are convicted.
In the course of argument, Attorney General KK Venugopal, who represented the Centre, said as has been quoted by NDTV, "Mere allegation cannot prevent a member from contesting."
The five-judge bench included Justices Rohinton Fali Narinman, AM Khanwilkar, DY Chandrachud and Indu Malhotra along with the CJI.
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