In Brief
The Supreme Court examined multiple petitions seeking to restrict candidates with criminal charges from contesting elections or using party symbols. The petitioners argued that criminalization of politics had become rampant and sought Court-mandated disqualifications at the charging stage. The Court held that disqualification for membership is exhaustively regulated by the Constitution (Articles 102, 191) and the Representation of the People Act, 1951. Parliament alone has power to add disqualifications. The Court cannot, directly or indirectly, create new grounds for disqualification or direct the Election Commission to deny party symbols. While acknowledging the severity of criminalization in politics, the Court recommended that Parliament enact legislation addressing the problem. In the interim, the Court directed enhanced disclosure and publicity of candidates' criminal antecedents to enable informed voter choice.
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