Currently, convicted politicians are barred from contesting elections. Currently, convicted politicians are barred from contesting elections.

The Supreme Court Tuesday left it to Parliament to ensure that people with criminal cases are kept away from office. Asking Parliament to draft a law, a five-judge bench headed by Chief Justice of India Dipak Misra said it could not add more disqualifications to the Representation of the People Act. The bench also rued that the country was facing an increasing trend of criminalisation of politics and that it strikes at the very root of democracy.

The bench, also comprising Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, was hearing a clutch of petitions, filed by NGO Public Interest Foundation and Delhi BJP leader Ashwini Kumar Upadhyay. Currently, convicted politicians are barred from contesting elections.

During the hearing, Attorney General K K Venugopal, representing the Centre, opposed the plea saying that under the Indian law, there is a presumption of innocence unless proven guilty. Further, he had told the court that the judiciary cannot get into law-making, which is reserved for the legislature.

Read | 3,816 criminal cases against 1,765 MPs, MLAs: Centre to Supreme Court

Here is what the Supreme Court said in its verdict on chargesheeted politicians contesting elections

* “We are not in a position to add disqualification of candidates on filing of chargesheet in criminal cases,” Chief Justice of India Dipak Misra said, asking Parliament to make a law for the same

* SC stated that India was facing an increasing trend of criminalisation of politics.

nation eagerly waits for such legislation (against the criminalisation of politics)

* The apex court, however, ordered the candidates to state the criminal cases pending against them in bold letters while filing their affidavits with the Election Commission.

* SC also ordered the candidate to inform the political party about their criminal antecedents and that the same should be uploaded on the party’s website. “Citizens have the right to know the criminal antecedents of a candidate so that they can make an informed choice in the election,” the court said in its observation.

* The candidate and the party will also publish the criminal cases in a widely circulated newspaper to ensure that the public is made aware of them. “It should be published at least 3 times after nomination is filed,” the Supreme Court said in its judgment. Electronic media can also be used for the same.

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