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LATEST NEWS UPDATES | Politicians chargesheeted in heinous offences be barred from elections: EC to SC -Amit Anand Choudhary

Politicians chargesheeted in heinous offences be barred from elections: EC to SC -Amit Anand Choudhary

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published Published on Feb 11, 2018   modified Modified on Feb 11, 2018
-The Times of India

NEW DELHI: In a bid to cleanse politics of criminal elements, the Election Commission has backed banning politicians from contesting polls if charges are framed in cases punishable by at least five years in jail with the caveat that cases should have been registered six months prior to elections.

The EC has asked the Supreme Court to direct the Centre to amend the law and its affidavit states that the Representation of the People Act be amended to bar chargesheeted politicians facing trial in serious offences. The six-month clause is intended to prevent malicious action by political opponents.

The SC may not find it easy to direct Parliament to pass a law, as this would be pushing constitutional boundaries, but the government will be under increased pressure to react positively to the EC's views.

Also concerned over lack of inner party democracy in political parties, the EC told the apex court that Parliament should pass an amendment in law to empower it to frame guidelines to ensure transparency in parties and to promote financial and electoral accountability and democratic functioning.

"The Commission proposed that the law be amended to provide that any person who is accused of an offence punishable by imprisonment for five years or more should be disqualified from contesting elections even while trial is pending, provided charges have been framed against him by the competent court. The Commission reiterates that such a step would go a long way in cleansing the political establishment from the influence of criminal elements and protecting the sanctity of the legislative houses," the affidavit, filed by advocate Amit Sharma, said.

The Commission said it had recommended amendment of law to the Centre way back in 2004 but the government has not acted so far. Under the present law, a politician could be barred from contesting elections only after conviction for an offence that carried a two-year jail term. It said present system of allowing persons with criminal background to contest election sends a very negative signal about the electoral process and the problem of criminalisation of politics must be addressed at the earliest.

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The Times of India, 11 February, 2018, https://timesofindia.indiatimes.com/india/politicians-chargesheeted-in-heinous-offences-be-barred-from-elections-ec-to-sc/articleshow/62868059.cms


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