Election Laws: Criminalisation of politics in India – In *Public Interest Foundation and Ors. v. Union of India, this Court had issued certain directions observing the increasing criminalisation of politics in India and a lack of information about such criminalisation amongst the citizenry – In the instant case, documents placed on record showed an alarming increase in the incidence of criminals in politics over the last four general elections – No explanation offered by the political parties regarding pending criminal cases against their candidates – Therefore, in exercise of constitutional powers under Arts.129 and 142, directions passed making it mandatory for political parties to upload on their website detailed information regarding individuals with pending criminal cases who have been selected as candidates along with reason for such selection – The reasons as to selection should be with reference to the qualifications, achievements and merit of the candidate concerned, and not mere “winnability” at the polls – Such information is to be also published in national and one local vernacular newspaper and on the official social media platforms of the political party, including Facebook and Twitter – These details shall be published within 48 hours of the selection of the candidate or not less than two weeks before the first date for filing of nominations, whichever is earlier – The political party concerned should then submit a report of compliance with these directions with the Election Commission within 72 hours of the selection of the said candidate – If a political party fails to submit such compliance report with the Election Commission, the Election Commission shall bring such non-compliance by the political party concerned to the notice of the Supreme Court as being in contempt of this Court’s orders/directions – Contempt petitions disposed of – Constitution of India – Arts.129 and 142.
*Public Interest Foundation and Ors. v. Union of India (2019)
3 SCC 224 – relied on
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.