Enact ‘strong law’ to cleanse politics: SC

Enact ‘strong law’ to cleanse politics: SC

News:

1. Supreme court wants Parliament to formulate a strong law to cleanse Political system in India.

Important Facts:

2. Court has referred N. Vohra Committee report before passing its orders on decriminalizing politics.
3. 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.
4. According to SC, collaboration of a diffused network of criminal, police and political patrons needs to be rectified.
5. 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.

6. 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.

7. 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.

8. 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.