A five-judge Constitution Bench, led by Chief Justice of India Dipak Misra, is on Tuesday scheduled to pronounce its judgment on petitions to bar politicians facing charges of heinous crimes, such as murder, rape and kidnapping, from contesting elections. Under the Representation of the People Act, convicted lawmakers are disqualified, but not those facing charges. The Bench, including Justices A.M. Khanwilkar, Rohinton Nariman, D.Y. Chandrachud and Indu Malhotra, had made it clear that the Supreme Court could not legislate for Parliament. “The court declares the law, the Parliament makes the law,” Justice Nariman had observed. But Chief Justice Misra had pointed out the urgency to do something “to keep criminals at bay and prevent them from contesting elections”. The Chief Justice had voiced the Supreme Court’s anguish at the helplessness of society to prevent criminalisation of politics at the very entry-point itself. The CJI had pointed out that Parliament was obliged under Article 102 (1) (e) to make a law. “As conscience-keepers of the Constitution, we [Supreme Court] can ask you [Parliament] to do it,” the CJI said.
Source : https://www.thehindu.com/todays-paper/tp-national/sc-to-rule-on-barring-accused-in-heinous-crimes-from-polls/article25032888.ece
