38.6c New Delhi, India, Monday, May 27, 2024
Judiciary

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

By LawStreet News Network      14 February, 2018 01:02 AM      0 Comments

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.

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.

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.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

courts-this-week-law-street-journals-weekly-round-up-of-sc-and-hcs-may-20-may-25
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 20 - May 25]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

26 May, 2024 11:25 AM
arvind-kejriwal-moves-supreme-court-to-extend-interim-bail-by-week-for-medical-tests
Trending Executive
Arvind Kejriwal moves Supreme Court to extend interim bail by 1 week for medical tests

Arvind Kejriwal seeks Supreme Court extension of interim bail by one week for medical tests in Delhi excise policy case amid ongoing ED investigation.

27 May, 2024 11:24 AM

TOP STORIES

agarwal-family-plans-to-sell-haldiram-for-rs-71000-crores-as-next-generation-steps-back
Trending Business
Agarwal Family Plans to Sell Haldiram for Rs. 71,000 Crores as Next Generation Steps Back

The Agarwal family plans to sell Haldiram, valued at Rs. 71,000 crores, with a Blackstone-led consortium bidding. This marks India's largest private equity buyout.

21 May, 2024 03:32 PM
13-year-old-boy-booked-for-impregnating-15-year-old-sister-after-watching-porn-together
Trending Crime, Police And Law
13 Year old boy booked for impregnating 15 year old sister, after watching porn together

Minor siblings watch porn together brother rapes and impregnates sister. Police official probing the matter shared that the siblings tried to have sex for the first time in Dec 2023, but failed.

21 May, 2024 03:54 PM
replacing-colonial-era-codes-new-criminal-laws-to-come-into-effect-on-july-1
Trending Judiciary
“Replacing colonial-era codes,” new criminal laws to come into effect on July 1

“Replacing colonial-era codes,” the new criminal laws to come into effect on July 1. However, Section 106(2) of the Bharatiya Nyaya Sanhita (BNS) has been put on hold. Read the full article to know why.

21 May, 2024 04:57 PM
offences-under-section-354d-ipc-and-section-506-ipc-are-personal-to-parties-rules-supreme-court
Trending Judiciary
Offences Under Section 354D Ipc And Section 506 Ipc Are Personal To Parties: Rules Supreme Court

The Supreme Court quashed stalking and criminal intimidation charges to preserve marital ties, invoking Article 142, deeming the offences personal to the parties involved.

21 May, 2024 05:40 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email