The Supreme Court’s recent mandate to disclose criminal histories of political candidates has been met with praise and scrutiny. This instruction forces parties to be transparent about the criminal past of their candidates for Assembly and Lok Sabha elections. Also, they need to provide reasons behind fielding such candidates.
Reason behind Supreme Court’s Order
As a response to a contempt petition regarding political parties’ generally ignoring a 2018 Constitution Bench judgment (Public Interest Foundation v. Union of India), the Supreme Court came up with this order. The judgement called on political entities to disclose the criminal records of their candidates publicly. The Supreme Court passed this order, exercising powers under Articles 129 and 142 of the Constitution, which govern the Supreme Court’s contempt power and the enforcement of its decrees and orders.
Details of the Order
The Supreme Court has made it mandatory for political parties at the Central and State election level to upload detailed information about candidates with pending criminal cases on their website. These details include nature of offences, charges framed against them, concerned court, case number, etc.
Further, the parties need to clarify why they selected candidates with pending criminal cases. The candidate’s ‘mere winnability at the polls’ cannot be the only reason for their nomination to contest elections. Parties have to publish the above-specified information in a local as well as national newspaper and on their social media handles. The disclosure needs to be made within 48 hours of candidate selection or less than two weeks before the first date for filing of nominations, whichever is earlier.
Implications of Non-compliance
Non-compliance with these instructions will bear consequences. Political parties are required to submit compliance reports to the Election Commission of India within 72 hours. If a political party fails to do so, the Election Commission will notify the Supreme Court of the non-compliance, which would be taken as contempt of the Court’s orders/directions.
Significance of the Order
There has been a significant rise in the incidence of criminals in politics over the last four general elections, posing a threat to the law-making process. Thus, lawmakers should be above any serious criminal allegation. In 2004, 24% of Members of Parliament (MPs) had pending criminal cases against them. This number rose sharply to 43% MPs in 2019. The Supreme Court’s direction for parliamentary legislation to curb criminalisation of politics might ensure constitutional governance.
Overall, the Supreme Court’s order is seen as a necessary step towards cleaner, more transparent governance and the fight against corruption. It not only discourages political parties from fielding tainted candidates but also makes the public more aware, thereby empowering them to make informed decisions during voting.
