The Supreme Court’s constitution bench, in its judgment in Public Interest Foundation & Others v Union of India, 2018 explains its limitations in preventing those charged with heinous offences from becoming legislators and finds that Parliament alone is competent to do so.  

It satisfies itself by appealing to Parliament to make a law for this purpose on priority and issues a few directions to the Election Commission and the political parties to make the disclosure of the criminal antecedents of candidates contesting elections sufficient and clear to the voters, so that the latter could be warned not to vote the candidates, charged with serious offences. 

Source: Laxmikanth