NEW DELHI: The Election Commission has told the Supreme Court that it has actively taken steps for decriminalisation of politics, and has also made recommendations. However, any further steps to effectively decriminalise politics would require legislative amendments, which is beyond its scope.
In an affidavit, the EC said in its "Proposed Electoral Reforms, 2016", the poll panel had reiterated its 2004 recommendation that persons charged with cognisable offences, which are punishable with imprisonment of at least five years, where charges have been framed and where the cases have been filed at least six months prior to the election, should be debarred from contesting elections.
The response of the poll body came in a PIL filed by advocate Ashwini Kumar Upadhyay, who sought a direction to debar the candidates against whom charges have been framed in cases involving serious offences.
"It is sufficient to point out that it (EC) has been raising the issue of criminalisation of politics since 1998. In fact, the Election Commission of India sent a proposal to the Government of India for De-criminalisation of politics on 15.07.1998, which proposals were thereafter reiterated in its Proposed Electoral Reforms, published in July 2004 and December 2016 respectively," it said.
On Monday, a bench of Justices K M Joseph and B V Nagarathna gave the Centre four weeks time to file a response to the plea seeking ban on persons against whom charges have been framed in serious offences like rape, murder kidnapping, extortion, bribery money laundering and disproportionate assets etc, from contesting elections.
On February 26, the court had given the Centre the final opportunity to file its reply to the PIL, while saying it is an important matter as common man is affected by corruption.
The apex court had on September 28, 2022, issued notice to the Union government's Law and Justice and Home Ministries, and the Election Commission on the PIL to debar all those persons, against whom charges have been framed, from contesting election in accordance with the recommendations of the Law Commission's 244 th report.
A court frames charges against an accused after taking a prima facie view of the charge sheet filed in a case. With this, a formal trial is started by allowing deposition by witnesses.
The petitioner sought a direction to the EC to use its plenary power conferred under Article 324, to amend the Election Symbols (Reservation and Allotment) Order 1968, to insert such a restriction for the contestants.
The petitioner raised concern on increase of number of candidates who declared criminal cases against them. Out of 539 winners of 17th Lok Sabha, 233 (43%) declared criminal cases against themselves. After 2014 Lok Sabha elections, 185 (34%) winners had declared criminal cases.
The Law Commission, in its 244th report favoured for debarring candidates with criminal antecedents with an additional condition that charges should have been framed at least one year before the scrutiny of nominations.
