SC questions convicted persons helming political parties

The Supreme Court on Monday questioned how a convicted person, barred from contesting elections, can be permitted to form a political party and choose electoral nominees.

The top court said a criminal deciding who the people should vote for goes against the basic tenet of democracy.

A three-judge bench presided over by Chief Justice Dipak Misra posed the query to the government on a plea filed by BJP leader and advocate Ashwini Kumar Upadhyay.

"If he (a convicted person) can't contest, how can he form a political party and select candidates to contest election? What you can't do individually, you can't be permitted to do collectively or through your agents," the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud said.

"This goes against our judgement that corruption has to be ostracised from the purity of the election process," the bench added.

Disclosure of crime

The court was referring to the judgement in Krishnamoorthy vs Sivakumar & Ors case on January 21, 2015, delivered by a bench of Justices Dipak Misra and Prafulla C Pant. Among others, the apex court had then held that disclosure of criminal antecedents of a candidate, especially pertaining to heinous or serious offence or offences relating to corruption or moral turpitude, at the time of filing of nomination paper as mandated by law was a categorical imperative.

Appearing for Upadhyay, senior advocate Vikas Singh submitted that it is a question of electoral integrity. Notably, RJD chief Lalu Prasad and Haryana's Indian National Lok Dal supremo Om Prakash Chautala are in jail in corruption cases. Former Tamil Nadu chief minister J Jayalalithaa's aide Sasikala is also behind the bars. All these leaders continued to remain at the helm and enjoyed influence in their parties.

Additional Solicitor General Pinky Anand, appearing for the Union Government, submitted that the issue also involved a question of fundamental right to form association guaranteed under Article 19(1)(c) of the Constitution. She sought time to file a reply to the petition.

Internal democracy

The court posted the matter for final hearing on March 26. In the instant matter, the Election Commission has already filed a response seeking power to de-register a political party in view of its constitutional mandate, while supporting the plea for decriminalisation of politics and internal democracy.