The wait for clean politics has got longer.
The Supreme Court on Tuesday ruled that it cannot cross the Lakshman Rekha to bar criminals from contesting elections, even as it urged Parliament to come up with an effective law to prevent persons with serious criminal cases pending against them from entering the legislature.
Asserting that corruption and criminalisation of politics are hitting the root of democracy, the countrys top court said Parliament must take steps urgently to curb this menace.To cleanse the political system, the five-judge Bench headed by chief justice Dipak Misra has now ordered all candidates to put in bold letters her/his criminal antecedents in the required affidavit, even as political parties have been told to make adequate disclosures about their candidates so that voters can make an informed choice.Many believe that the apex courts decision to keep off this contentious topic may have dashed all hopes of clean politics ahead of the upcoming Lok Sabha elections.On ET NOWs India Development Debate, leaders of political parties and legal experts analysed the real impact of Supreme Courts verdict on decriminalisation of politics.
Here are some interesting observations:PANEL VIEWC ARYAMA SUNDARAMSENIOR COUNSEL, SUPREME COURTI wont say that the Supreme Court has not taken a decision.
Right to stand for elections is basically a statutory right.
The Supreme Court doesnt want to add a disqualification which is not there in the Constitution.
But with the Constitution itself not providing for a disqualification on the ground that a person is facing charges in a criminal offence, the Supreme Court doesnt want to add to the Constitution what is in the legislative province.YOGENDRA YADAVFOUNDER, SWARAJ INDIA POLITICAL PARTYMany people will be disappointed with todays judgement, but I think the Supreme Court has actually done the right thing.
Somehow, everyone is convinced that preventing the candidate from contesting election when they have charges against them is the right way to prevent criminalisation of politics.
I think we are shifting the responsibility for something much deeper on to this electoral-legal reform.
The real problem is that our criminal justice system is very weak, very unreliable and very time-taking.RAJEEV GOWDASPOKESPERSON, CONGRESSThere are cases which are heinous crimes and which are politically motivated.
Is the Supreme Court right that this is the domain of legislature Absolutely! Where discretion comes in is within political parties they dont field such candidates.
31per cent of BJP MPs face criminal charges.
Other option is for people to reject them.
We are fully supportive of any move to eliminate criminals from Parliament.
Let the BJP bring a Bill forward.NALIN KOHLISPOKESPERSON, BJP ADVOCATE, SCCriminal jurisprudence begins with you being innocent unless proven guilty.
The larger issue is establishing a system where dispensation of justice is faster.
You cant distinguish because you are in a certain area of work.
It rests on the collective wisdom of the parliament when it comes to making laws.
It has to be bipartisan.
When the Supreme Court has said this, perhaps the Election Commission will do something.
Lets not forget that Rahul Gandhi is out on bail and they are with RJD.