The Constitution bench of five judges of the Supreme Court can declare this verdict on Tuesday: Can a person be disqualified from contesting the election by deciding the charges in a serious crime? Actually, In March 2016, the Supreme Court sent this matter to the constitution bench of five judges for consideration. Apart from Ashwini Kumar Upadhyay, in addition to the petitions of former Chief Election Commissioner JM Lyngdoh and another NGO in this case. The Supreme Court bench comprised Chief Justice Dipak Mishra, Justice R. F. Nariman, Justice AM Khanvilkar, Justice D.V. Chandrachurna and Justice Indu Malhotra. The petition was heard in the back, demanding that in serious crimes, the punishment in which more than 5 years And if the allegations against a person are fixed, then they should be banned from contesting elections.
If there is an MP or MLA are associated with these allegations then his/her membership should be canceled. The Constitution Bench of five judges had asked the Center whether it can be given the power to the Election Commission that if a candidate contests with the criminal background, then they will refuse to give him the election symbol?
On behalf of the Center, Venugopal of the AG opposed it, said that the elected representatives can decide, not the court. Is this work should be done by the elected representatives or the five judges sitting in this court? CJI Deepak Mishra had told the Center that we can add in our order that if criminals recorded candidates names are present in the list, then they will not issue an election symbol to him.
The Constitution Bench of five judges in the Supreme Court said that criminalization in politics is a serious issue and the law has a duty of Parliament to curb it. CJI Dipak Mishra said that it is national thinking that steps should be taken to remove criminalization from politics and it can not ignore the legislature. There is a need of society for sanctification in the election.
It has been said in the petition that at present 33 percent of the leaders in the country are on whom the court has already fixed the charges for some serious crime. It has also been mentioned in the petition that there are many expert committees(Goswami Committee, Vohra Committee, Krishnamachari Samiti, Inderjit Gupta Committee, Justice Jeevan Reddy Commission, Justice Venkatachalaya Commission, Election Commission, and Law Commission) which have expressed concern over the criminalization of, but the government have not been implemented their recommendations till yet.