Not So Easy : Chargesheets cannot be basis to debar election candidates : SC

Lending clarity to dos and dont’s of existing law , the Supreme Court today clarified that individuals not convicted and having cases pending, are eligible to run for office.

The filing of a charge sheet cannot be grounds for disqualification of candidates, said the five-judge Consitution bench headed by Chief Justice Dipak Misra.

The court agreed that candidates must declare their criminal antecedents and that political parties must have these put up on their websites.

It is up to parliament to make a law that prohibits candidates with criminal antecedents don’t enter public life and take part in law-making, the court said.

There already exists provision under Representation of Peoples(RP) Act, that requires lawmakers to quit office if convicted in criminal cases.

The govt had earlier contended that judiciary should not foray into legislative arena by creating pre-conditions to running office with RP Act already clear on disqualification topic.