Under the Representation of the People Act, convicted lawmakers are disqualified, not accused ones.

A five-judge Constitution Bench led by Chief Justice of India (CJI) Dipak Misra is scheduled to pronounce its judgment on Tuesday 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 Assemblies.

Under the Representation of the People Act, convicted lawmakers are disqualified, not accused ones.

The Bench comprising Justices A.M. Khanwilkar, Rohinton Nariman, D.Y. Chandrachud and Indu Malhotra had made it clear that the Court cannot legislate for Parliament.

“The court declares the law, Parliament makes the law,” Justice Nariman had observed.

But the CJI had pointed out the urgency to do something “to keep criminals at bay and prevent them from contesting elections”. He had voiced the Court’s anguish at the helplessness of society to prevent criminalisation of politics at the very entry point itself.

The CJI had said 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,” he observed.

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.

Attorney General K.K. Venugopal had submitted that fasttrack courts to try the charges against accused politicians was “the only solution”.

Mr Venugopal submitted that a person was presumed innocent until he was proven guilty and nothing prevented an accused, who won an election on public mandate, from becoming a lawmaker.