SC refuses to ban politicians facing criminal charges, leaves it to Parliament

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NEW DELHI: In a crucial judgement the Supreme Court left the matter of disqualification of politicians carrying criminal charges against them and said it was not within its powers to disqualify politicians facing criminal cases from contesting elections  and left it to Parliament to frame an appropriate law.

The court also directed the Parliament to make a law to ensure that candidates with criminal records don’t enter public life and take part in lawmaking. A five-judge Constitution bench headed by Chief Justice Dipak Misra said malignancy of criminalisation of politics was “not incurable”, but the issue was required to be dealt with soon before it becomes “fatal” to the democracy.

Referring to the report of the NN Vohra Committee, set up to study the problem of criminalisation of politics,SC asks legislature to consider framing law to ensure decriminalisation of politics.

Bench headed by Chief Justice of India Dipak Misra said “in a multi-party democracy, where members are elected on party lines and are subject to party discipline, we recommend to the Parliament to bring out a strong law. The bench, also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra

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