Supreme Court: How can a convict head a political party?

Judiciary Feb 14, 2018 Editor : Shreya Bansal 0 Shares

The Supreme Court on Monday taking up a petition filed in December last year by Advocate Ashwini Kumar Upadhyay to debar the convicted person who is banned from elections, to head a party, has said that the "prospect for democracy is far worse when a criminal has the power to choose candidates for elections under his party's banner."

CJI Dipak Misra heading the three-judge Bench has questioned the logic behind having a criminal and corrupt person to head a political party and said that the lapse was a huge blow to the purity of the election process.

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The Bench examining the question whether EC should be empowered to de-register a party if it is formed by convicted persons has said that "so, is it that what you cannot do individually, you can do collectively through some of your agents." Further, they said that "this goes against our judgments that corruption in politics to be ostracized from the purity of elections."

Additional Solicitor-General Pinky Anand said the government needed time to file a response.

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While the case came up for hearing, the Association for Democratic Reforms has released a report in the backdrop showing the data of criminal cases pending against Chief Ministers of different States. As per the data released 35% of the CMs have criminal charges against them and 26% CMs have declared serious criminal cases, including related to murder, attempt to murder, criminal intimidation, etc.

"Hospitals have grown into a large industry that thrives on human suffering; they cannot be protected at the expense of citizens": Supreme Court

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Although the Supreme Court stressed that States have to offer necessary permissions for improved hospitals and health care centres, it observed on Monday (July 19, 2021) that hospitals are now a huge industry and cannot be safeguarded at the costs of citizens to which the organisations are supposed to provide. Justice Chandrachud said, "Let's face it, hospitals have grown into a multibillion-dollar industry. Hospitals, like real estate, rely on human suffering to survive, and it's become a...

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Time Limit on hearing of cases- Boon or Bane?: Supreme Court suggests making arguments time-bound in a bid to achieve faster dispenstion of justice

Legal Insiders Jul 22, 2021 Lawstreet News Network ( Editor: Ekta Joshi ) 2 Shares

Recently, the Supreme Court suggested that there should be a time limit applied on the oral hearing of cases by lawyers. It was also proposed that written submissions, as well as judgments, should be to the point and not very long.As per the Apex Court, these changes will help in saving the time of the judiciary and also aid the timely dispensation of justice to the litigants. ‘Time has come to part with old ways’, the court remarked. However, the lawyer community remained divided in their...

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