New Delhi: The Supreme Court on Tuesday asked the Centre whether the Election Commission could be vested with powers to take back the reserved symbol allotted to a recognised political party for fielding persons with criminal antecedents to contest elections.
The Chief Justice Dipak Misra heading a five judge Constitution Bench posed this question to the Attorney General K.K. Venugopal during the course of hearing of a batch of petitions raising an important question of law, whether a person facing a criminal case in a heinous crime can be disqualified from contesting Assembly or Parliamentary elections at the stage of filing chargesheet or framing of charges or only after conviction.
The AG replied that court could not impose any such condition and it is for the Parliament to provide a ground for disqualification. The court cannot enter the arena of Parliament, which is forbidden for the judiciary. It is the right of the political parties to field candidates on its allotted symbol and this right cannot be denied by the court sitting as five judges.
He said vesting any such power on the Election Commission either directly or indirectly would amount to preventing candidates who had done good work in the constituency from contesting the polls merely because the party in power files some case against him on the eve of polls. The CJI told the AG “We can always direct the Election Commission that persons from a political party should furnish affidavits about their clean record and in case of a criminal charge, the parties be held responsible. It will lose the status of a recognised political party if it fields persons with criminal antecedents.”
Justice Nariman told the AG “We are only making a proposal that at the time of registration of a political party this condition, viz it should not field candidates with criminal antecedents be imposed. The parties should make sure that the alleged crooks are not qualified. Why can’t we exhort Parliament to amend the law?”
