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Enact ‘strong law’ to cleanse politics: SC
News:
- Supreme court wants Parliament to formulate a strong law to cleanse Political system in India.
Important Facts:
- Court has referred N. Vohra Committee report before passing its orders on decriminalizing politics.
- Vohra Committee report has highlighted the problem of criminal nexus among criminals, politicians and bureaucrats in India which could have been one of the reason behind Mumbai Blast.
- According to SC, collaboration of a diffused network of criminal, police and political patrons needs to be rectified.
- SC over rapid criminalization in politics has demanded:
- Parliament should frame a law that makes it obligatory for political parties to remove leaders charged with “heinous and grievous” crimes such as rape and murder.
- Candidate should submit their criminal past record to Election Commission.
- Political Parties in turn to publish online the pending criminal cases of candidate on their website, newspaper and on TV channel.
- Political party should refuse tickets to offenders in both parliamentary and assembly poll
- Reforms addressing election finance.
- Argument in favor of Supreme Court demand:
- There is steady increase in the criminalization creeping into the system.
- Criminalization of politics and corruption has become National and Economic terror.
- The Law Commission of India, in its 244th report has also raised concern over the politicians with extensive criminal backgrounds entering into the political system.
- Voters have a right to know about politicians’ antecedents and will help citizens make a more informed choice
- Disclosure of antecedents makes the election a fair one.
- Argument against the Supreme Court order:
- According to Representation of the People Act, only convicted lawmakers can be disqualified and not accused ones.
- Public Interest Foundation & Ors. versus Union of India & Anr. judgement says any judicial attempt to broaden the criteria for membership of Parliament beyond the constitutional provisions laid out in Article 102(1)(a) to 102(1)(d) would be disastrous on multiple fronts.
- Person is presumed innocent until he is proven guilty and nothing prevents an accused become a lawmaker once he wins the election.
- Proportion of members of Parliament facing criminal charges has been growing since 2003, when SC had mandated disclosure of criminal records.
- False cases could be registered on prospective candidates.
- Current Ground for disqualification under RP Act, 1951
- Section 8 and 8A: Conviction for certain actions and corrupt practices
- Section 9 and 9A: Corruption or disloyalty and when there is subsisting contract between person and government.
Section 10 and Section 10A: Disqualification for offices under government company and failure to lodge account of election.
