NEW DELHI: Expressing concern over the practice where even a criminal continues to head a political party, the Supreme Court on Monday said it was against the basic tenets of democracy, as such a person also possesses the power to choose election candidates.
A bench headed by Chief Justice Dipak Misra observed while hearing a PIL filed by lawyer Ashwini Kumar Upadhyay that convicted people be barred from forming political parties and said, “A convicted person can’t contest an election. Then how can he form a political party and select candidates? What you cannot do individually, can you do collectively through some agents? That is our question.”
The court said a reform to ban convicted persons from becoming office-bearers of political parties would be in consonance with its past judgements slamming corrupt politics.“A criminal deciding who the people should vote for by itself goes against the basic tenet of democracy. This goes against our earlier judgements on corruption in politics.”
“A man cannot directly contest an election, so he constitutes a group of persons to form a political party and contest an election. An association of people they can come together and start a school, a hospital but when it comes to the matters of governance that matters, it is a question of electoral integrity,” the CJI remarked.
Appearing for the government, Additional Solicitor General Pinky Anand said she needs some time to file a response. The court slated the hearing on March 26.Meanwhile, the Election Commission in an affidavit filed last week sought more transparency in the democratic system and stated that it wanted power to deregister political parties.
The petition names leaders like RJD’s Lalu Prasad Yadav, who was convicted in the fodder scam cases, and INLD leader O P Chautala, found guilty in the junior teachers recruitment scam. Both continue to head their respective parties.