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

Natasa Stankovic put a break on divorce rumors, shared a special photo, and said she is still a 'Pandya'!

For quite some time now, Natasa Stankovic and Hardik Pandya have been in the headlines for the ne

How Russia-Ukraine war is trying India-US relations

Despite the growing closeness between India and the US in recent decades, the Russia-Ukraine cris

Himachal hydropower project damaged in landslide

Shimla, March 10 (IANS) A massive landslide following a downpour damaged a state-run hydropower

Operation Sindoor: The echo of 'Operation Sindoor' was heard a lot in China; India was successful in giving a strong message to the world.

There is both a story and silence behind every storm. Operation Sindoor is not over yet, but its

Sunderbans hardly prepared for climate change, migration

Kolkata, March 12 (IANS) The fragile Sunderbans - the largest mangrove forests and delta region

India-US trade at new heights: America becomes India's largest trading partner, surpassing China to become number 1

The US has become India's largest trading partner in 2021-22. Earlier China was the largest tradi

Promotion of EV: Consideration to waive the registration fee of electric vehicles, the government brought new rules

The government is making constant efforts to encourage people to adopt electric vehicles. However

Amid the Israel-Iran war, the West Indies and Africa teams will return home today; the ICC has made special arrangements.

The West Indies and South African teams, who were unable to return home due to a lack of flights,

CM's Twitter Follower: Kejriwal has the most Twitter followers, how popular are other Chief Ministers including Yogi-Mamta?

There has been a lot of discussion about Twitter since the acquisition of Elon Musk. Musk is doin

Pak Army behind the attack? Imran Khan said - I will reveal the name of another officer

Former Prime Minister of Pakistan Imran Khan is lying behind the army. He threatened on Wednesday

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