Parliamentary panel asks political parties to respond to SC observation on candidate disqualification

The parliamentary standing committee on law and personnel, while examining electoral reforms, has asked political parties to send their feedback on the apex court's observation.

Published: 22nd August 2017 03:42 PM  |   Last Updated: 22nd August 2017 03:42 PM   |  A+A-

Supreme Court. (File photo | PTI)

By PTI

NEW DELHI: There are apprehensions that disqualifying candidates from contesting polls from the day charges are framed against them in a court -- as observed by the Supreme Court -- may be misused by a party in power if put into effect, a parliamentary panel has said.

The parliamentary standing committee on law and personnel, while examining electoral reforms, has asked political parties to send their feedback on the apex court's observation.

"It has been apprehended that the process of framing of charges and thereafter being automatically disqualified are likely to be misused, particularly by the party in power. Please comment," it said in a email sent to the parties.

Currently, a candidate is disqualified from contesting for a certain period if he or she is convicted by a court. The present position is also based on a July 2013 SC judgement.

Politicians such as Lalu Prasad are barred from standing for an election on the basis of the apex court order.

Earlier this month, the apex court referred to a five-judge Constitution bench a case on whether politicians charged with offences attracting five or more years of jail term should be barred from contesting polls.

The court was hearing a plea which sought to declare the provisions of the Representation of the People Act, which bars convicted politician from contesting elections for six years, as ultra vires to the Constitution.

Last month, the court had pulled up the Election Commission for not taking a clear stand on a plea seeking the barring of convicted politicians for life.

It had said the EC could not remain silent on the matter and wondered if it was "constrained" to give its views on the matter.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.