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Criminals in politics leave Supreme Court anguished
Why it is in news?
- Something has to be done to keep criminals at bay and prevent them from contesting elections
- Voicing the Supreme Court’s anguish at the helplessness of society to prevent criminalisation of politics at the very entry-point.
- The Chief Justice is presiding over a five-judge Constitution Bench hearing 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.
- But at the same time the Supreme Court said it could not legislate for Parliament.
- The court declares the law, the Parliament makes the law
- The court is mulling over what it said was its “genuine concern about criminal politics”.
- Under the Representation of People Act, only convicted lawmakers are disqualified not those accused.
Fast track courts
- Attorney-General K.K. Venugopal submitted that fast track courts to try accused politicians were “the only solution”.
- Mr. Venugopal said charges in such cases are kept pending for long as witnesses don’t testify as the Whistleblowers Protection Act which protects informers, is too weak to protect them or their families from repercussions.
- Justice D.Y. Chandrachud asked how a murder and rape accused can become a legislator.
- Mr. Venugopal replied that a person is presumed innocent until he is proven guilty.
- The Constitution Bench even considered asking the Election Commission to frame guidelines to prevent an accused from becoming a member of a political party.
- The Parliament has an obligation 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.
Source
The Hindu