SC Refuses To Disqualify Chargesheeted Candidates From Contesting Elections, Puts Onus On Parliament Instead

A five judge bench of the Supreme Court refused to disqualify candidates facing criminal charges from contesting elections by observing that the court could not add to the grounds of disqualification and that Parliament was competent to frame a law barring criminals from contesting elections.

In its unanimous verdict, the Supreme Court also held that each and every candidate would have to declare his criminal antecedents in bold in an affidavit to be filed before the Election Commission. The Court observed that “citizens have the right to know the criminal antecedents of a candidate so that they can make an informed choice in the election”.

The petitioner, who sought the disqualification of criminally charged candidates from contesting elections, stated that not only did the Supreme Court direct candidates to disclose their criminal antecedents to the Election Commission but “candidate must submit his criminal record to its political party that will publish it on electronic, print and local media, at least three times before polling date”.

The Apex Court also set aside a plea by the petitioner to bar advocate lawmakers from practicing in courts across the country by observing that the Bar Council rules did not stipulate any such prohibition.