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Criminal Background should not be considered as ‘Disqualification’ for candidates; SC

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New Delhi: The Supreme Court has ruled that in election process, the criminal back ground of the candidate cannot be considered as the disqualification.

The court was considering the plea for disqualification of political leaders in criminal cases, was rejected.

Guidelines for controlling criminal cases involving politicians have been issued. The five-member Constitutional Bench, headed by Chief Justice Dipak Misra, Other members of the bench are RF Nariman AM Khanvikar, DY Chandrachood and Indu Malhotra produced the verdict.

The petitions demanded that disqualification should be given to the people those contesting in the election with criminal backgrounds. Advocate Ashokini Upadhyaya, former Chief Election Commissioner JM Lyngdoh and the Public Interest Foundation, a voluntary association, submitted the petitions.

The Supreme Court has said that they cannot prevent those who have been charged in criminal cases. It does not count as a disqualification. The government should take action in this regard. There is a growing trend of criminalization and corruption in politics. In this context, the court does not interfere in the subject. The court also observed that the government can legislate if it wants to put a ban on it.

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