SC fiat on decriminalising politics



New Delhi

Holding that candidates for elections should not be selected merely on their “winnability”, the Supreme Court on Thursday directed political parties to make public within 48 hours details of pending criminal cases against them, in a far-reaching verdict aimed at decriminalising politics.

The political parties were ordered to upload on their official websites and social media platforms details of the pending criminal cases against their candidates and the reasons for selecting them with the court observing there has been an “alarming increase” in the incidence of criminals in politics since the 2004 Lok Sabha polls.

The court said this should be done within 48 hours of the selection of the candidate for Lok Sabha and assembly polls or at least two weeks before the first date for filing of nominations, whichever is earlier.

“The political party concerned shall then submit a report of compliance with these directions with the Election Commission within 72 hours of the selection of the said candidate,” said the bench of

Justices R F Nariman and S Ravindra Bhat.

The court also directed as to why other individuals without criminal antecedents could not be selected as candidates.

Besides making available the details of the pending criminal cases on the official social media platforms of the political parties, including Facebook and Twitter, the court directed it should be also published in one vernacular and one national newspaper.

The reasons for selecting candidates having pending criminal cases should be with reference to their qualifications, achievements and merit and not merely on “winnability” at the polls, it said.

“It appears that over the last four general elections, there has been an alarming increase in the incidence of criminals in politics,” the bench said referring to the data placed before it.

“We have also noted that the political parties offer no explanation as to why candidates with pending criminal cases are selected as candidates in the first place.”

If a political party fails to submit the compliance report of the directives with the Election Commission, the poll panel “shall bring such non-compliance” to the notice of the Supreme Court “as being in contempt of this Court’s orders/ directions”, the bench said.

Reacting to the order, the BJP said it would strengthen electoral democracy.

BJP spokesperson Nalin Kohli said the directions would enable voters to make a choice keeping “all factors” in mind when they cast their vote.

On the other hand, the Congress utilised the verdict to take a dig at the  BJP over appointing a minister in Karnataka who is accused in mining cases. It  alleged that the court directive has already been torn to shreds by Prime Minister Narendra Modi.

“Today itself, Modi ji has torn to shreds the orders of giving reasons for giving tickets to leaders accused in cases,” Surjewala tweeted with a news report on Anand Singh, accused in mining and forest crimes, being appointed the new minister for forest, environment and ecology in Karnataka.

The apex court delivered the verdict on a contempt plea which raised issues regarding criminalisation of politics in India and claimed that directions given by the top court in its September 2018 verdict relating to disclosure of criminal antecedents by candidates are not being followed.

The top court noted that 24 per cent of the MPs had criminal cases pending against them in 2004 while in 2009, it went up to 30 per cent.

Further, in 2014, 34 per cent of the MPs had pending criminal cases against them, which increased to 43 per cent in 2019.