38.6c New Delhi, India, Monday, October 06, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Legislative Corner

Supreme Court: Voters Have Right To Know Candidates Criminal Records

By LawStreet News Network      29 August, 2018 12:00 AM      0 Comments
Supreme Court: Voters Have Right To Know Candidates Criminal Records

The Supreme Court on August 28th, 2018 said that the voters have a right to know the antecedents of candidates and the Election Commission could be asked to direct political parties to ensure that persons, facing criminal charges, do not contest on their tickets using their poll symbols.

The court has reserved its judgment on a batch of petitions after the parties including the poll panel and the Centre concluded their arguments.

The matter came up for hearing before a five-judge Constitution Bench headed by Chief Justice of India Dipak Misra. The matter involved the question whether a legislator facing criminal trial can be disqualified at the stage of framing of charges in a case. Presently, lawmakers are barred at the time of conviction.

"The voters have the right to know the candidates. Actually, a party can allow a person to contest on its ticket. But a person cannot contest on its ticket if he discloses the criminal antecedent," the bench said, adding that this direction may be given by the Election Commission to the political parties. "They (people facing criminal charges) can contest elections, but they will not contest on the party ticket because he has this kind of stigma," the bench said.

The bench's observation came in the backdrop of strong opposition from the Centre that the judiciary should not venture into the legislative arena by creating a pre-condition which would adversely affect the right of the candidates to participate in polls.

"The intention of the Lordships is laudable. But the question is whether the court can do it. The answer is 'no'," Attorney General K K Venugopal, representing the Centre, told the bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

Moreover, referring to the concept of presumption of innocence until a person is proven guilty, Venugopal said depriving a person from contesting elections on a party ticket would amount to denial of the right to vote, which also included the right to contest.

He referred to various judgments and said the expression of criminal antecedent was "extremely vague". Moreover he added that the, "presumption of innocence is central to our criminal jurisprudence. A person is innocent until proven guilty."

Taking an opposite view from the Centre, the Election Commission urged the court to intervene to ensure that elections are decriminalized.

Senior advocate Meenakshi Arora, appearing for the poll panel, referred to the recommendations made by the Election Commission and the Law Commission way back in 1997 and 1998 for decriminalizing politics, but no action was taken by the government on them.

She exhorted the court to issue the direction in the matter besides asking Parliament to make the suitable law.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS


TOP STORIES

kerala-hc-directs-comprehensive-snakebite-prevention-guidelines-for-schools
Trending Judiciary
Kerala HC Directs Comprehensive Snakebite Prevention Guidelines For Schools [Read Order]

Kerala High Court directs comprehensive snakebite prevention and management guidelines for schools, ensuring safety, awareness, and emergency response.

30 September, 2025 08:46 PM
sc-orders-two-judicial-officers-to-go-for-seven-days-training-for-flawed-bail-order
Trending Judiciary
SC orders two judicial officers to go for seven days training for flawed bail order [Read Judgment]

Supreme Court quashes flawed bail order, directs two Delhi judges to undergo 7-day special training on judicial conduct and bail rulings.

30 September, 2025 09:58 PM
sc-seeks-reply-from-iit-delhi-kharagpur-on-plea-to-transfer-student-due-to-mental-health-condition
Trending Judiciary
SC seeks reply from IIT Delhi, Kharagpur on plea to transfer student due to mental health condition [Read Order]

SC seeks reply from IIT Delhi & Kharagpur on plea for transfer of B Arch student citing mental health needs, AIIMS proximity & Article 21 rights.

30 September, 2025 11:22 PM
preserve-body-of-top-maoist-commander-killed-in-police-encounter-sc-to-chhattisgarh-govt
Trending Judiciary
Preserve body of top Maoist commander killed in police encounter, SC to Chhattisgarh govt [Read Order]

SC directs Chhattisgarh govt to preserve body of top Maoist commander Katha Ramchandra Reddy, killed in encounter, till HC hears fake encounter plea.

30 September, 2025 11:47 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email