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

Budget 2026: 'Amidst global uncertainties, the world has hope in India', says PM Modi in post-budget webinar

Prime Minister Modi addressed a post-budget webinar on "Sustaining and Strengthening Economic Gro

Unnao Rape Case: 'We are accountable to the victim', bail granted to Sengar stayed; what else did the CBI say in the Supreme Court?

The Supreme Court on Monday stayed the Delhi High Court's order suspending the life sentence of f

UPI MDR October 15 Rollout in Doubt: Paytm, MobiKwik, Pine Labs Shares Fall Amid Delay Buzz

Shares of One 97 Communications (Paytm), One MobiKwik Systems and Pine Labs declined on Thursday

Monsoon Updates: Monsoon will now be delayed in many parts of North India including Delhi, warning of heavy rain in these states including UP-Bihar

Monsoon has slowed down over Northwest India. According to the Meteorological Department, it is n

Ban on Wheat Export: Wheat is not cheaper than export ban, only 54 paise relief in 12 days

Despite the ban on the export of wheat, its prices in the domestic market are not coming down. Wh

CAG: Coastal security is not strong even after 14 years of the 26/11 terror attack, needs of Sagar Prahari are also incomplete

The country's Comptroller and Auditor General (CAG) has criticized the delay in safeguarding all

PM Modi: PM Modi said- On 25th June, a black spot was put on democracy, now no one will be able to do this

Before the first session of the 18th Lok Sabha, Prime Minister Narendra Modi presented his views

Gangster Lawrence was scared to see four agencies together: Said- how can I kill someone from jail; Lawyer raised questions on security

Gangster Lawrence Vishnoi was confronted by officials of four different agencies on Wednesday. Ac

Bigg Boss OTT 2: Jia Shankar upset after seeing the bonding of Manisha Rani and her father, the actress cried remembering the family

Bigg Boss OTT Season 2 is gaining immense popularity among viewers. Seeing the demand for the sho

Nishad Singh, an engineer of Indian origin, pleaded guilty to fraud in a crypto exchange

Indian-origin engineer Nishad Singh, 27, has been found guilty of defrauding a crypto trading fir

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