Supreme Court respecting separation of powers in the Indian democracy, acknowledged that there are criminals to a large part in Parliament and in State Legislatures but held that it cannot legislate on behalf of Parliament. Still it issue some guidelines as follows.
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Each contesting candidate shall fill up the form as provided by the Election Commission and the form must contain all the particulars as required therein.
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It shall state, in bold letters, with regard to the criminal cases pending against the candidate.
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If a candidate is contesting an election on the ticket of a particular party, he/she is required to inform the party about the criminal cases pending against him/her.
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The concerned political party shall be obligated to put up on its website the aforesaid information pertaining to candidates having criminal antecedents.
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The candidate as well as the concerned political party shall issue a declaration in the widely circulated newspapers in the locality about the antecedents of the candidate and also give wide publicity in the electronic media. When we say wide publicity, we mean that the same shall be done at least thrice after filing of the nomination papers.
Public Interest Foundation and Ors Vs Union of India and Anr on 25 September 2018
Citations: [(2019) 3 SCC 224]
Other Source links: https://www.scconline.com/blog/post/2018/09/25/candidates-with-criminal-antecedents-parliament-has-exclusive-jurisdiction-to-lay-down-disqualification-for-membership-court-cannot-legislate-sc/ or https://indiankanoon.org/doc/146283621/ or https://www.casemine.com/judgement/in/5baaa0749eff430ce652f5c8
The directions given in this Judgment were not followed by Political parties and their candidates, Hence a contempt petition was filed for violating Supreme Court Orders here.
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