In Brief
The Supreme Court addressed whether the judiciary can impose disqualifications for elected office beyond those explicitly provided in the Constitution and Representation of the People Act, 1951. The petitioners sought to bar candidates with criminal charges from contesting elections to check criminalization of politics. The Court held that disqualifications can only be added by Parliament under Article 102(1)(e) and 191(1)(e); the judiciary cannot legislate or do indirectly what the Constitution forbids directly. However, recognizing the serious threat of criminal infiltration into politics, the Court issued directions requiring candidates to disclose criminal antecedents and recommended Parliament enact stronger legislation to prevent persons facing serious criminal charges from entering politics.
The lawyer headnote and full judgment text are available to registered users.