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

ABVP shutdown hits rail, road transport in Bihar

Patna, March 30 (IANS) Road and train traffic in Bihar was hit on Monday during a shutdown call

Nubia Red Magic 9 Pro: New gaming phone launched with a 6500mAh battery and up to 16GB RAM, check the price and features

Nubia has launched Red Magic 9 Pro in China only last month. After China, this phone has now been

Shaktikanta Das: Why did Shaktikanta Das, who is going to say goodbye to RBI, express his gratitude to PM Modi? Know what he wrote on X.

The term of Reserve Bank of India (RBI) Governor Shaktikanta Das is ending today on 10 December 2

8000 Millionaires Left India: Millionaires continue to leave the country, India's number is after China and Russia

The decrease in the speed of the rich leaving the country during the Corona period has once again

Mines bill passed by Rajya Sabha despite Left, Congress protests

New Delhi, March 20 (IANS) Despite strong opposition by t

Cross 1.30 lakh crore for the fifth time: GST collection in February stood at Rs 1.33 lakh crore, up 18% compared to a year ago

The Goods and Services Tax (GST) collection in February stood at Rs 1,33,026 crore. This informat

UP Cabinet Meeting: Landowners will be able to become partners in industrial development, green signal to land pooling policy in a cabinet meeting

To implement the investment agreements made in the Global Investors Summit and to make land easil

No one like Dhoni: 17 runs were needed in the last over, six and two fours to win

In IPL 2022, Chennai Super Kings registered a thrilling victory in the last over against Mumbai I

Transformers Rise Of The Beasts Review: Optimus Prime returns to save the world, tremendous action on emotion

Transformers Rise Of The Beasts Review: The flight of imagination in Hollywood cinema has attaine

Silver Lake buys 1% stake in Jio Platforms for Rs 5655.75 crore

US private equity company Silver Lake Partners has bought a one per cent stake in Reliance Indust

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