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SC leaves it to Parliament to frame law to bar criminal politicians from contesting polls

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SC leaves it to Parliament to frame law to bar criminal politicians from contesting polls

The Supreme Court on Tuesday ruled that it cannot disqualify candidates with criminal cases against them from contesting elections and urged the Parliament to enact a law to ensure that people with serious criminal charges do not enter public life.

A five-judge Constitution bench, headed by Chief Justice of India Dipak Misra and also comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, said the time had come for a law against criminalisation of politics. The “nation eagerly waits for such legislation”.

The apex court said that the country was facing an increasing trend of criminalisation of politics and that it strikes at the very root of democracy.

The SC bench, however, issues directives to check criminalisation.

It directed that all candidates must state, in bold, details of criminal cases pending against them in their election affidavit. Candidates must also share this information with their respective political parties, which will in turn upload this on their websites.

Parties should also issue a declaration on the criminal antecedents of their candidates in a widely circulated publication, said the SC bench. It said this should be done at least three times after filing of nomination papers.

To facilitate this transparency by parties, candidates should first give complete information about their criminal past or pending cases to the parties on whose ticket they intend to contest elections, stated the judgment.

This is to ensure that the ordinary voter can have an “informed choice” about who (s)he has to vote for in a country “tired of money and muscle power,” said the court.

The direction to compel political parties to go public about their “criminal” candidates is a step to “foster and nurture an informed citizenry” and to protect the “culture and purity in politics.”

The court said criminal politicians are nothing but a liability to this country. Their presence in power strikes at the roots of democracy. Criminalisation of politics and corruption, especially at the entry level of elections, has become a national and economic terror. It is a disease which is self-destructive and becoming immune to antibiotics, opined the court.

“There is a steady increase in the level of criminality creeping into politics,” the court observed. Parties need to come clean about the criminal elements within their apparatus.

Chief Justice Misra, who authored the verdict for the Bench, directed “each contesting candidate,” whether he or she belongs to a party or not, to fill up all the required information in the forms to be submitted to the Election Commission of India before an election.

The Bench, however, made it clear that the Supreme Court cannot legislate for Parliament and add a disqualification that candidates charged with heinous crimes should be banned from contesting elections.

The chief justice added that the court was “not in a position to add disqualification of candidates on filing of chargesheet in criminal cases.”

The Court urged Parliament to consider such a disqualification, saying the nation eagerly awaits its decision. It noted that the Election Commission of India has its hands tied, watching on as criminalisation of politics at the entry level is on the rise.

“It is the duty of parliament to keep money and muzzle power at bay. Parliament should cure the malignancy and it is not incurable before it becomes fatal to democracy,” Chief Justice of India Dipak Misra said.

The SC said “time has come for the Parliament to act” and empower the poll body. “The court declares the law, the Parliament makes the law,” Justice Nariman had observed.

Chief Justice Misra had pointed out that Parliament was obliged under Article 102 (1) (e) to make a law. “As conscience-keepers of the Constitution, we [Supreme Court] can ask you [Parliament] to do it,” he stated.

False cases foisted upon politicians

During arguments, Attorney General KK Venugopal, representing the centre, had said that denying a person the right to contest polls on a party ticket would amount to denying them the right to vote, which includes the right to contest. “Mere allegation cannot prevent a member from contesting.”

The court, he asserted, can’t remain oblivious of the fact that political aspirants are often framed in cases ahead of polls and said that fast-track courts to try accused politicians were “the only solution”.

The petitioners pointed out that trials in cases involving politicians were deliberately delayed, and therefore, several lawbreakers entered the legislature and become lawmakers.

Chief Justice Dipak Misra said, “It is one thing to take cover under the presumption of innocence, but it is another to allow politics to be smeared by criminal stain.” The court said Parliament should also consider the issue of false cases foisted upon politicians.

Under the Representation of the People Act, convicted lawmakers are disqualified from contesting elections, but not accused ones.

The bench was hearing a batch of petitions seeking disqualification of chargesheeted lawmakers from contesting elections. The petitions were filed by NGO Public Interest Foundation and Delhi BJP leader Ashwini Kumar Upadhyay. The bench had reserved its verdict in the case on August 28.

In an affidavit submitted to the Supreme Court in March this year, the Centre said a total of 3,816 criminal cases were registered against 1,765 MPs and MLAs across the country, of which 3,045 cases are pending. The figures did not include cases registered in Maharashtra and Goa. Uttar Pradesh leads the pack with 565 cases against 248 MPs and MLAs, followed by Kerala with 533 cases against 114 legislators. Tamil Nadu is third on the list with 402 cases against 178 MPs and MLAs, of which 324 are pending.

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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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Amit Shah, JP Nadda, Chandrababu Naidu among leaders at NDA meet in Delhi amid Ambedkar row

The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

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Union Home Minister Amit Shah, BJP chief J.P. Nadda and Telugu Desam Party (TDP) president and Andhra Pradesh Chief Minister Chandrababu Naidu among leaders of the NDA met in New Delhi on Wednesday to discuss different issues including Shah’s comment on BR Ambedkar days ago in Rajya Sabha.

In attendance, apart from Shah, Nadda and Naidu, JD-U leader and Union minister Rajiv Ranjan Singh, Apna Dal (S) president and Union minister Anupriya Patel, as well as JD (S) leader and Union minister H.D. Kumaraswamy were present.

Also present were Jitan Ram Manjhi, leader of Bihar’s Hindustani Awam Morcha (S) and a minister in the Modi government, Rashtriya Lok Morcha (RLM) president Upendra Kushwaha, a Rajya Sabha MP, and Thushar Vellappally, president of Bharath Dharma Jana Sena.

While the specific agenda of the meeting was not officially disclosed, sources indicated that discussions revolved around good governance and various political issues—principles that were central to Vajpayee’s tenure as Prime Minister. The alliance had decided to convene on the birthday of the late BJP leader, noted for successfully leading the first coalition government to complete its term.

Following the meeting, Nadda shared on X, “Attended the NDA leaders’ meeting in New Delhi today. Under the visionary leadership of PM Narendra Modi, India is achieving unprecedented milestones and has positioned itself as a global superpower. The NDA government remains committed to realizing the vision of ‘Viksit Bharat@2047’, ensuring a brighter and more prosperous future for all.”

Sanjay Nishad, chief of the NISHAD Party in Uttar Pradesh, described the meeting as “informal” and focused on Vajpayee’s legacy. He emphasised the importance of unity among all alliance members heading into future elections, mentioning that they congratulated the BJP leaders for their electoral victories in Haryana and Maharashtra.

Nishad further outlined that the meeting addressed coalition strategies to ensure that Prime Minister Modi’s initiatives effectively reach the populace and that electoral promises are fulfilled. He raised the topic of providing reservations for the fishing community, stating, “I presented evidence on this issue, as it was a poll promise. They will follow up with us next week to discuss it.”

Responding to inquiries about whether Amit Shah’s controversial remarks on Ambedkar were discussed, Nishad said, “We are here for the welfare of the people. Our energy should focus on achieving success in that area, rather than engaging with negativity from opposition parties.”

The NDA meeting underscores the alliance’s commitment to the proposed simultaneous elections, with all members backing the initiative. A Joint Committee of Parliament, established to review two bills related to simultaneous polls, is set to convene on January 8.

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Manipur CM Biren Singh says state needs immediate peace, understanding between two communities

He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

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Manipur Chief Minister N Biren Singh on Wednesday emphasised the urgent need for peace in the state, which has faced ethnic violence since May of last year, and called on two communities to reach a mutual understanding.

Speaking at the Good Governance Day event held at the state BJP headquarters, Singh expressed confidence that the BJP could restore stability to the northeastern state, highlighting the party’s commitment to coexisting harmoniously.

“What is happening in Manipur today has multiple causes. Those who seek to divide the state are now questioning the government’s actions… they are driven by a desire for power,” Singh remarked.

He mentioned several initiatives, such as ‘Meeyamgi Numit’ (People’s Day), designed to foster closer relationships between officials and the public. “We do not oppose any specific community. The BJP’s position is clear: we advocate for the idea of living together and have initiated efforts to strengthen ties between the police and the community,” he stated.

Singh added that the state government is diligently addressing the needs of internally displaced persons by establishing committees throughout the administrative framework. He claimed that the administration is responding quickly to the displaced people’s needs in areas such as education and agriculture.

“We have not made any mistakes. Our goal is to ensure the well-being of future generations. It is essential for both communities to remain calm. Rather than dwelling on the past, we should concentrate on the upcoming NRC process, capturing biometrics, and using 1961 as the foundation year for the Inner Line Permit,” Singh said.

He also highlighted the government’s commitment to acting within a democratic and constitutional framework, noting that achieving these goals will take time. “What we require now is immediate peace and a resolution of misunderstandings between the two communities,” he concluded.

The ongoing violence has resulted in the deaths of over 250 individuals and left thousands homeless due to clashes between the Meitei community and Kuki-Zo groups since last May.

“Only the BJP can save Manipur. BJP leaders possess strong values of nationalism and social justice, practicing reality-based politics in the nation’s interest. If I am not nominated for a ticket by the BJP, I will remain loyal to the party,” Mr. Singh added.

He also highlighted several unity-focused projects initiated by the BJP government, mentioning that a Unity Mall featuring stalls from all ethnic groups in the state will be constructed with an investment exceeding ₹140 crores.

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