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

Corona threat in the world: 438 deaths a day in Japan; Test necessary for those returning from China in America-Taiwan

The situation is getting worse in China due to Corona. Because of this, Taiwan has made the RT-PC

'Speak to the government brother...' When Amitabh Bachchan was trolled for cyber crime caller tune, now the decision has come

The familiar caller tune with the voice of Bollywood superstar Amitabh Bachchan will not be heard

Mukhtar Ansari Death: There was chaos outside the cemetery to bury Mukhtar, and barricades were broken - DM said; action would be taken

During the funeral of Mukhtar Ansari, there was chaos when his supporters broke the barricades to

Seema Haider: The border police had left after feeding the children of a Pakistani woman, people said that the border has come to India to spy

People's anger has started erupting on the internet media against Pakistani woman Seema Haider wh

Gen Z Protest: After Nepal and Sri Lanka, youth protests in Madagascar demand the President's resignation

In Madagascar's capital, Antananarivo, approximately 1,000 young protesters, led by "Gen-Z Madaga

India's indigenous COVAXIN is effective against various variants of coronavirus, ICMR study claims

New Delhi. A piece of good news has come to light amid the growing threat of the second wave of C

Delhi MCD Election 2022: Election Commission will announce the date of the Delhi Municipal Corporation election today

Delhi MCD Election 2022: The date of the Delhi Municipal Corporation Election 2022 will be announ

UP Board Result 2022: Wait will end, UP Board result date may come today

UP Board Result 2022: The wait of students is increasing for the results of the UP Board 10th and

World Food Safety Day 2021: Food is not only an effective fuel for the body but also for the economy

It was a long time ago when some friends of us together came up with the idea of ​​setting up

World Cup 2023: On India's victory, Athiya Shetty called KL Rahul 'the best', Anushka Sharma also reacted

India Vs Australia World Cup 2023: The ICC World Cup has started. Last Sunday there was a great m

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