NEW Delhi, SEP 22 :
Under the Representation of People Act, convicted lawmakers are disqualified not accused ones.
A five-judge Constitution Bench led by Chief Justice of India is scheduled to pronounce its judgment on petitions to bar politicians facing charges of heinous crimes, like murder, rape and kidnapping, from contesting elections and transforming themselves into parliamentarians and legislators in State Assemblies.
Under the Representation of People Act, convicted lawmakers are disqualified not accused ones.
The Bench, also comprising Justices A.M. Khanwilkar, Rohinton Nariman, D.Y. Chandrachud and Indu Malhotra, had made it clear that the Supreme Court cannot legislate for the Parliament.
“The court declares the law, the Parliament makes the law,” Justice Nariman had observed.
But Chief Justice Misra had pointed out the urgency to do something “to keep criminals at bay and prevent them from contesting elections”.
The Chief Justice had voiced the Supreme Court’s anguish at the helplessness of society to prevent criminalisation of politics at the very entry-point itself.
The CJI had pointed out that the parliament was obliged under Article 102 (1) (e) to make a law. “As conscience-keepers of the Constitution, we (Supreme Court) can ask you (Parliament) to do it,” the CJI pointed out.
Justice Chandrachud had asked how murder and rape accused can qualify to take oath of affirmation under the Third Schedule of the Constitution to become a legislator.
Appearing for the Centre, Attorney-General K.K. Venugopal had submitted that fast-track courts to try the charges against accused politicians was “the only solution”.
Mr Venugopal submitted that a person is presumed innocent until he is proven guilty and nothing prevents an accused, who won an election on public mandate, from becoming a lawmaker.
