The Supreme Court on Thursday said it would set up a Constitution Bench to decide whether a candidate charged with a serious crime and awaiting trial should be permitted to contest elections.
A Bench led by Chief Justice of India J.S. Khehar acknowledged the importance of settling this question and said it was in public interest to know the law by the “next election.”
The Bench, however, did not elaborate on whether it meant the next parliamentary election.
Challenge to democracy
In a brief mentioning, senior advocate Vikas Singh, appearing for advocate Ashwini Kumar Upadhyay, highlighted how “dreaded criminals” contest and win elections, posing a challenge to democracy.
“We cannot give an immediate answer to these questions since there is a fear of lodging false cases in elections... But we will soon constitute a Constitution Bench to decide these issues,” the Bench responded.
Clarity sought
A three-judge Bench had on March 8 last year referred various PIL petitions, including Mr. Upadhyay’s, to the Chief Justice of India.
The petitions sought clarity in the election law, especially whether a lawmaker facing trial can be disqualified at conviction stage or at the framing of charge in a case.
Presently, convicted persons are barred from contesting polls, while a lawmaker stood disqualified in the event of conviction.
