SC refuses to debar lawmakers facing criminal charges from contesting elections

New Delhi: The Supreme Court on Tuesday refused to debar MPs and MLAs in the country from contesting elections and left the decision to the Parliament to formulate relevant law if it wants decriminalisation of politics.

While making hearing to a Public Interest Litigation (PIL) asking whether lawmakers facing charges can be stopped from contesting elections even before they are convicted, a five-member bench of the apex court however suggested it to the political parties to post the details about their fielded candidates’ criminal antecedents.

The bench headed by Chief Justice Dipak Misra and comprising of Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra maintained that the voters have a right to be informed about the criminal charges against the candidates contesting election. It will help them an informed choice, the bench added.

The bench which had reserved its verdict on a batch of pleas on August 28, while pronouncing the judgment today expressed its inability to add disqualification of candidates on filing of chargesheet in criminal cases.

The PILs have been filed by the BJP leader Ashwini Kumar Upadhyay and a number of NGOs.

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