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

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8 years ago

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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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Pralhad Joshi appointed Education Minister after Dharmendra Pradhan’s resignation

Pralhad Joshi has been entrusted with the additional charge of the Education Ministry after President Droupadi Murmu accepted Dharmendra Pradhan’s resignation amid the prolonged student protests over alleged examination paper leaks.

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8 mins ago

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July 25, 2026

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Union Minister Pralhad Joshi has been given the additional charge of the Ministry of Education after President Droupadi Murmu accepted the resignation of Dharmendra Pradhan.

The President’s office confirmed the appointment through an official communique issued on Saturday evening. Joshi will continue to hold his existing portfolio as Union Minister of Food and Consumer Affairs while also overseeing the Education Ministry.

Dharmendra Pradhan resigns amid prolonged protests

Dharmendra Pradhan submitted his resignation on the 35th day of the student protests at Delhi’s Jantar Mantar over alleged examination paper leaks.

In his resignation letter, the 57-year-old leader said he chose to step down to prevent anti-national forces from exploiting the situation.

“For over four decades, I have dedicated myself to the cause of students, teachers, and educational reform. I have always believed that a robust, inclusive, and visionary education system forms the cornerstone of a strong nation,” Pradhan said.

CJP ends protest after Centre’s assurance

Hours after Pradhan’s resignation, CJP spokespersons Saurav Das and Ashutosh Ranka, during a joint press conference with Union ministers JP Nadda and Jitendra Singh, announced that the organisation was ending its protest in good faith after receiving assurances from the Centre that its demands would be addressed.

The resignation of Dharmendra Pradhan had been the principal demand of the organisation founded by Abhijeet Dipke, a Boston University graduate who returned to India to lead the campaign against alleged examination paper leaks.

Joshi reiterates government’s stand on students

A day before taking charge of the Education Ministry, Pralhad Joshi said the Centre remained committed to protecting students’ interests and ensuring strict action against irregularities affecting examinations.

He also alleged that anti-social elements were attempting to exploit the CJP-led protests and urged students to remain vigilant while continuing peaceful demonstrations.

“The Modi government has always stood with students and the youth. It remains committed to taking strict action against any irregularities or injustices that affect their future,” Joshi had said.

He added that while students have every right to protest peacefully, they should ensure that their genuine concerns are not misused by anti-social elements.

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Dharmendra Pradhan submits resignation to PM Modi amid student protests

Education Minister Dharmendra Pradhan has submitted his resignation to Prime Minister Narendra Modi, hours before the third round of talks between the Centre and the Cockroach Janta Party.

Published

7 hours ago

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July 25, 2026

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Dharmendra Pradhan

Education Minister Dharmendra Pradhan on Saturday submitted his resignation to Prime Minister Narendra Modi, marking a major development amid the ongoing student protests at Delhi’s Jantar Mantar.

Pradhan announced the decision through a post on X, just hours before the Centre was scheduled to hold the third round of talks with the Cockroach Janta Party (CJP), which has been leading the agitation over alleged irregularities in competitive examinations.

The resignation of the Education Minister had remained the primary demand of the protesters, who have been camping at Jantar Mantar for more than a month seeking accountability and reforms in the examination system.

The latest development comes at a crucial time as both sides prepare for another round of discussions aimed at resolving the prolonged standoff.

As of now, there has been no official announcement from the Prime Minister’s Office on whether Pradhan’s resignation has been accepted. Further details are awaited.

Resignation comes before key Centre-CJP meeting

The announcement was made only hours before representatives of the Centre and the Cockroach Janta Party were expected to meet for the third round of negotiations.

The talks are being closely watched as the government attempts to end the month-long protest, with the resignation of Dharmendra Pradhan remaining one of the protesters’ central demands.

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CJP says Dharmendra Pradhan’s resignation non-negotiable ahead of third round of talks

CJP has hardened its stand before the third round of talks with the Centre, insisting that Education Minister Dharmendra Pradhan’s resignation remains its primary and non-negotiable demand.

Published

11 hours ago

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July 25, 2026

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The Cockroach Janta Party (CJP) has reiterated that the resignation of Union Education Minister Dharmendra Pradhan remains its top demand, just hours before the third round of discussions with the Centre on Saturday.

CJP spokesperson Ashutosh Ranka said the organisation would see little purpose in continuing negotiations if the government was unwilling to remove the minister.

In a post on X, Ranka said Dharmendra Pradhan’s resignation was “non-negotiable” and added that there was no point in holding further discussions if the government rejected the demand.

The third round of talks is scheduled for Saturday afternoon after Union Ministers JP Nadda and Jitendra Singh met CJP representatives for nearly two hours during the second round of discussions on Friday.

According to the CJP, it has placed three key demands before the Centre:

  • Resignation of Education Minister Dharmendra Pradhan.
  • A guarantee that no legal action will be taken against protesting students.
  • Compensation of Rs 1 crore for the families of students who allegedly died by suicide following the NEET paper leak.

During Friday’s meeting, the Centre agreed in principle to two of the demands — ensuring no legal action against protesting students and providing compensation. However, the demand for the Education Minister’s resignation remains unresolved.

Speaking after the meeting, JP Nadda said the protesters had also submitted five suggestions for reforms to the examination system. He said the government would hold internal discussions before responding during Saturday’s meeting.

Government sources, however, indicated that Dharmendra Pradhan’s resignation is not under consideration. According to the sources, the government believes resignation is not the appropriate course of action and continues to back the minister.

Meanwhile, the Centre has announced several measures aimed at tackling examination paper leaks. Prime Minister Narendra Modi has announced the establishment of fast-track courts to hear paper leak cases, while the government is preparing amendments to strengthen the law with stricter punishments and higher fines.

The Centre has also replaced the Education Secretary and removed 47 officials of the National Testing Agency (NTA), while promising broader reforms within the examination body.

Responding to the action against NTA officials, Ashutosh Ranka said the move alone was insufficient. He maintained that accountability ultimately rests with the Education Minister and reiterated that Dharmendra Pradhan must resign.

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