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

SCO Summit: PM Modi said - bigotry is a big problem for the world, recent developments in Afghanistan increased the challenge

Prime Minister Narendra Modi is addressing the Shanghai Cooperation Organization (SCO) meeting on

West Bengal elections: Has Abbas Siddiqui made Mamata Banerjee sleepless?

The Pir, which the locals call Dada Huzur, was a Sufi saint of the 19th century. He did many thin

Bird Flu: The first case of bird flu in humans stirred up in Chile, the source of infection is being traced

Bird Flu in Humans The first case of bird flu has come to light in humans. Chile has detected the

Pushpa 2 Song Kissik Out: 'Pushpa 2' new song 'Kisik' released, Allu Arjun and Srileela's pairing rocked

One of the biggest films of the year, 'Pushpa 2: The Rule' is going to hit the theatres soon. The

Kalki 2898 AD: Big update on Kalki 2898 AD, the producers can give this big gift before the release of the film

Kalki 2898 AD directed by Nag Ashwin is one of the most awaited films of this year. Audiences in

Why PM Narendra Modi suddenly reached Leh, understand the meaning of Modi's presence on China border

PM Narendra Modi suddenly arrived in Leh on Friday morning along with Chief of Defense Staff (CDS

Corona: Investigation of record cases of infection in the United States

There are two words in the news that is being published in the media all over the world these day

World Bank cautioned! Global economic growth is in danger, these are the reasons

According to a World Bank report, global economic growth is under threat. According to the report

Government of Jharkhand in preparation for giving unemployment allowance if not 100 days of employment in a year

Workers living in the cities of Jharkhand will also get guaranteed employment for 100 days in a y

PBKS vs KKR: Rahane said- I am responsible for the defeat against Punjab; Ponting said something shocking about Chahal

Punjab Kings defeated Kolkata Knight Riders by 16 runs in Mullanpur on Tuesday in IPL 2025. In th

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