NEW DELHI: In a bid to cleanse politics of criminal elements, the Election Commission has backed banning politicians from contesting polls if charges are framed in cases punishable by at least five years in jail with the caveat that cases should have been registered six months prior to elections.
The EC has asked the Supreme Court to direct the Centre to amend the law and its affidavit states that the Representation of the People Act be amended to bar chargesheeted politicians facing trial in serious offences. The six-month clause is intended to prevent malicious action by political opponents.
The SC may not find it easy to direct Parliament to pass a law, as this would be pushing constitutional boundaries, but the government will be under increased pressure to react positively to the EC’s views.
Also concerned over lack of inner Party democracy in political parties, the EC told the apex court that Parliament should pass an amendment in law to empower it to frame guidelines to ensure transparency in parties and to promote financial and electoral accountability and democratic functioning.
“The Commission proposed that the law be amended to provide that any person who is accused of an offence punishable by imprisonment for five years or more should be disqualified from contesting elections even while trial is pending, provided charges have been framed against him by the competent court. The Commission reiterates that such a step would go a long way in cleansing the political establishment from the influence of criminal elements and protecting the sanctity of the legislative houses,” the affidavit, filed by advocate Amit Sharma, said.
The Commission said it had recommended amendment of law to the Centre way back in 2004 but the government has not acted so far. Under the present law, a politician could be barred from contesting elections only after conviction for an offence that carried a two-year jail term. It said present system of allowing persons with criminal background to contest election sends a very negative signal about the electoral process and the problem of criminalisation of politics must be addressed at the earliest.
“The Commission is of the view that keeping a person, who is accused of serious criminal charges and where the court is prima facie satisfied about his involvement in the crime and consequently framed charges, out of electoral arena would be a reasonable restriction in greater public interest. However, as a precaution against motivated cases by the ruling party, it may be provided that only those cases which were filed prior to six months before an election alone would lead to disqualification,” the Commission said.
Responding to a PIL, filed by BJP leader Ashwini Upadhyay, seeking to ban convicted persons from forming a political party and becoming office-bearers, the Commission said, “Many of such persons facing charges of a grave nature end up winning elections and entering our temples of democracy which is highly undesirable and the issue needs to addressed….However, any further steps to effectively decriminalise politics would require legislative amendments which is beyond the scope of Election Commission.”
Supporting the Law Commission recommendation to ensure democratic functioning within a political party, EC said, “It is submitted that EC endorses the demand for inner party democracy, but it is also clarifies that the Legislature would have to carry out legislative amendments in order to enable and empower the Commission to frame guidelines in relation to inner party democracy.”
It also pleaded before the court that the EC should be given powers to deregister a political party as law does not empower it to take action against a party for violating the provisions of the Constitution or for committing breach of undertaking given to it at the time of registration.
Source : timesofindia
