Can only appeal, can't transgress into lawmaking, says SC on barring criminals from entering politics

The Supreme Court on Tuesday said political parties refuse to wake up from deep slumber and take steps to end criminalisation in politics, though the menace is growing day by day.

"The nation continues to wait and is losing patience. Cleansing the polluted stream of politics is obviously not one of the immediate pressing concerns of the legislative branch of government," a bench of Justices R F Nariman and B R Gavai said.

In a judgment holding major political parties guilty of flouting its directions on disclosing criminal records of the candidates during Bihar polls, the bench said no one can deny that the menace of criminalisation in the Indian political system is growing day by day.

However, the only question is, whether this court can do so by issuing directions that do not have a foundation in the statutory provisions, the bench asked.

"We desire that something urgently requires to be done in the matter, our hands are tied and we cannot transgress into the area reserved for the legislative arm of the state," the bench pointed out.

The bench further said the top court, time and again, has appealed to the lawmakers of the country to rise to the occasion and take steps for bringing out necessary amendments to prohibit the involvement of persons with criminal antecedents in the polity.

"All these appeals have fallen on the deaf ears. The political parties refuse to wake up from deep slumber," the bench said.

The court pointed out its direction issued on February 13, 2020, to political parties to disclose reasons for selecting candidates with criminal antecedents was only to enable a voter to have all the necessary information so that he can exercise his right to franchise effectively.

"The directions in no way impinge upon the right of a political party to choose a candidate of its own choice," the court explained.