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  • Category: Miscellaneous

    Let the Parliament pass legislation whether to ban criminals to enter politics or not says SC

    There has been debate in the national television channels and social media about barring criminals entering the politics and every one expected that the apex court would pronounce ways and means in the issue. But in a balanced judgement the court has passed the onus on the Parliament to devise the law whether to allow or ban the criminals from entering politics. By the way there is no clarity as to what is criminal stands for. Suppose if a leader fights for the justice and get arrested , should he be branded as criminal. More clear definition of criminal be needed. What is your take ?
  • #649244
    If there are debates in different forums about whether criminals should join politics or not, then it is unfortunate. A sensible person will never advocate for criminals joining politics to rule the country or a constituency. The recent ruling of the apex court left it to the parliament to frame stringent laws so that the menace of criminalisation of politics couldn't grip the democratic setup in the country. The intention of the top court is clear which says the parliament must enact laws to bar the entry of criminals in politics.

    The parliament enacts legislation and the apex court checks the validity of those legislation in accordance with our constitution. Earlier in 2014, the top court said in a judgement that politicians having 'criminal backgrounds' should not serve as lawmakers in the government. In 2013, the court ruled on the same issue with a judgement that mentioned that the chargesheeted MPs and MLAs convicted for offences shall be instantaneously disqualified on the date of conviction and struck down Section 8(4) of the RPA act as unconstitutional.

    According to the RPA act a person when convicted of the charges is a criminal and as of now according to that act, only after the conviction a person is barred from contesting elections. We know the time it takes to convict a person in our legal framework and if it is a high profile person then the conviction may take the entire tenure of his legislatorship. All of us are aware of the different corrupt practices of politicians as reported in medias from time to time and to stop the corrupt practices we need strong legislation to protect our democracy.


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