The Supreme Court will hear a plea on March 18 seeking to bar candidates facing serious criminal charges from contesting elections. The petition aims to strengthen electoral integrity by preventing individuals accused of grave offenses from entering public office. The case raises concerns about criminalization in politics and its impact on governance.
New Delhi: The Supreme Court is set to hear a petition on March 18 that seeks to disqualify candidates charged with serious offenses from participating in elections.
A bench consisting of Justices Surya Kant and N. Kotiswar Singh is expected to address the issue.
In September 2022, the apex court requested responses from the Centre and the Election Commission of India (ECI) regarding a plea filed by advocate Ashwini Kumar Upadhyay.
The petition not only seeks to bar individuals facing criminal charges from running for office but also calls for the Centre and the ECI to prevent candidates who are on trial for serious offenses from contesting.
Filed through advocate Ashwani Kumar Dubey, the plea alleges that, despite recommendations from the Law Commission of India and previous court directives, the Centre and the ECI have failed to take action.
The petition points out that of the 539 winners in the 2019 Lok Sabha elections, approximately 233, or 43 percent, reported facing criminal cases.
Citing data from a report by the NGO Association for Democratic Reforms, the petition states that there has been a 109 percent increase in the number of MPs with declared serious criminal cases since 2009.
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Notably, one MP has declared 204 criminal cases against him, which include charges such as culpable homicide, house trespass, robbery, and criminal intimidation.
The plea contends that political parties are competing in a “race to the bottom,” unable to afford to let their rivals recruit individuals with criminal backgrounds.
It further emphasizes the significant harm caused to the public due to the criminalization of politics, asserting that parties continue to nominate candidates with serious criminal histories.
India has witnessed an alarming rise in the number of politicians with criminal backgrounds. According to data from the Association for Democratic Reforms (ADR), a significant percentage of Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) face criminal charges, including those related to corruption, violence, and other serious offenses.
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Critics argue that allowing individuals with serious charges to contest elections not only damages the credibility of the political system but also discourages honest candidates from participating. They believe that decriminalizing politics is essential for good governance and maintaining public confidence in democracy.
The Supreme Court’s decision on March 18 is important as it could change election rules in India. It may bring quick changes or start a bigger discussion on the issue.
This case highlights the need to stop criminals from entering politics and to keep elections fair and honest.