Court can't intrude into legislature's domain, says SC


Posted on 19th Feb 2015 01:16 pm by mohit kumar

New Delhi, Feb 18 (IANS) The Supreme Court Wednesday said it was for elected representatives to take a call at what stage of proceedings a person facing criminal charges should be barred from contesting elections and the courts could not issue directions to the legislature and intrude in its domain.

A bench of Chief Justice H.L.Dattu, Justice A.K.Sikri and Justice Arun Mishra said this as senior counsel Rakesh Dwivedi appearing for NGO Public Interest Foundation contended that a person against whom criminal charges have been framed by the court should be debarred from contesting elections.

"This is for the representatives of the people to decide. We can't issue directions to legislature. They know how to run the country in a democratic manner," Chief Justice Dattu observed as Dwivedi pressed the plea that the framing of charges should be stage where a person facing criminal trial should be barred from contesting elections.

He said that this was also a stage where there was an judicial application of mind by the court before framing the charges.

"We should not be stepping into an area" earmarked for the legislature, the court said asking if it could issue direction to the parliament to legislate on barring the people against whom criminal charges have been framed.

"In the name of judicial activism we can't step in the arena earmarked for the law makers and legislature. Lines are marked demarcating the roles (of three organs of state)," the court said as the NGO urged the court to take recourse to its power under the constitution to issue direction to the Election Commission to bar people charged with criminal offences from contesting elections.

"Your submissions on the first thought look very very attractive. What a noble thought is this. But after a deeper consideration, no," Chief Justice Dattu said, adding: "We are bound by the decision of the constitution bench" which bars court's from issuing directions to legislature.

As Dwivedi pressed his plea, the court asked him: "What is the medium you want us to adopt... What you expect this court to do, tell us in nutshell."

Dwivedi told the court that it should direct the poll panel to reject the nomination papers of a candidate against whom charges have been framed and also ask the central government to consider the issue seriously.

At this, the court said: "It is not for us to say what is good governance. It is for them to see. It is not for us to advise the government what to do or not to do... It is left to them why a person with criminal antecedents is not to be made a minister."

Appearing for the central government, Additional Solicitor General Maninder Singh told the court that disqualifications are mentioned in the Representation of People Act and court should not interfere with it and rewrite the law.

"You can't add further disqualifications," he told the court.

The hearing will continue on Thursday.

Did you know?Explore Trending and Topic pages for more stories like this.
0 Like 0 Dislike
Previous news Next news
Other news

Entry of this actor of Kisi Ka Bhai Kisi Ki Jaan in 'Pushpa 2', will work with Allu Arjun after Salman Khan

Kisi Ka Bhai Kisi Ki Jaan Villain Jagapathi Babu Confirms Working With Allu Arjun Starrer Pushpa

The struggle of 132 medical students of Jammu trapped in Ukraine continues, after walking for hours, the Russian occupied Pirichin reached

More than a hundred children of the Jammu division trapped in Ukraine are struggling for their sa

Kohli's dominance despite poor form: World's top-10 batsmen with highest run-scorers after 2020, even above Rohit-Pant

Virat Kohli, who has created panic in world cricket for the last decade with his batting, is bein

Russia can attack Ukraine at any time: Biden said - Putin's intentions revealed in intelligence report; the First attack on Kiev

US President Joe Biden has said that Russia is fully prepared to attack Ukraine. US President Joe

CM Yogi said - Corona is not completely over, will control the third wave before it arrives

The pace of corona seems to be slowing down in Uttar Pradesh. Corona cases have decreased continu

Corona Crisis 2.0: The public imposed 'lockdown' even before the government's move, the decision to close the market for seven days

Time will tell what decision the government takes on the lockdown on the deteriorating condition

Kashmir lawmaker to move resolution on Afzal Guru's remains

Srinagar, March 11 (IANS) Amidst a raging controversy over the release of separatist leader Mas

The 6ixty: 10 over match, one team has six wickets, this league will completely change the game of cricket

West Indies cricket is preparing to revolutionize the T10 league. Under the Caribbean Premier Lea

Delhi Weather: Extreme heat in five states including Delhi, red alert of heat wave; Average maximum temperature crosses 45 degrees

The mercury is rising in the northwestern plains including Delhi, Uttar Pradesh, Haryan

Modi wishes people on various Festivals

New Delhi, March 21 (IANS) Prime Minister Narendra Modi on Saturday greeted the people as variou

Sign up to write
Sign up now if you have flare of writing..
Login   |   Register
Follow Us
Indyaspeak @ Facebook Indyaspeak @ Twitter Indyaspeak @ Pinterest RSS



Play Free Quiz and Win Cash