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

America's double attitude: Books telling the history of oppression of blacks are out, of course, the governor of Florida said - they are spreading hatred

In America, a dual attitude has emerged in the education given to children. Books that reveal the

Bollywood Vs South: Kamal Haasan's statement on South Vs Bollywood controversy came to the fore, said - we speak a different language but...

Kamal Haasan On Bollywood Vs South: South films have been rocking the box office for some time no

Akash Ambani became the chairman of Reliance Jio, Mukesh Ambani did the design from the director's post

There has been a major reshuffle at the management level in Mukesh Ambani's company Reliance Jio

Rahul Gandhi Defamation Case: Rahul Gandhi gets bail in 2018 defamation case, Congress leader leaves Sultanpur court

Former Congress national president and MP Rahul Gandhi has got bail in the defamation case. MP Ra

Supreme Court on NIOS Exam: Supreme Court's directive, make examination center within 10 km radius from NIOS Study Center

NIOS Examination Centres: The Supreme Court has directed the National Institute of Open Schooling

Today's IPL debut with MI vs RCB: Rohit's team could not win their first match since 2013, won the title 5 times since then; Virat's team lost the IPL opening match 3 times

The 14th season of the Indian Premier League (IPL) is going to start from today. The first match

Police bid - 4 MLAs were to be sold for 100 crores: BJP is now accused of horse-trading in Telangana; 3 arrested

Telangana Police has exposed the attempt to buy 4 MLAs of Telangana Rashtra Samithi (TRS). Cybera

Nikki Murder Case: Fourth arrest after husband, mother-in-law and brother-in-law in Nikki murder case, father-in-law also arrested from Sirsa crossroads

In the Nikki death case that took place in the Thana Kasna area of ​​Greater Noida in Gautam

AP Board Practical Exams: New schedule of AP Board 12th practicals will be released soon, the exam was postponed

AP Board Practical Exams: Andhra Pradesh Board of Intermediate Education (BIEAP) has postponed th

KVS Admission 2021: Kendriya Vidyalaya Sangathan cancels the 9th entrance exam, the last date for admission in class 1 is today

KVS Admission 2021: Kendriya Vidyalaya Sangathan (Kendriya Vidyalaya Sangathan, KVS) has taken a

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