Supreme Court rules charge-sheeted candidates can't be barred from contesting elections

1,523 views · Published 25 September 2018 · 2:02 · Indexed 24 October 2026

Channel: ThePrint · 2018 · News & Politics

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Observing that criminalisation of politics in the world’s largest democracy is “unsettling”, the Supreme Court Tuesday reiterated that all candidates will have to declare their criminal antecedents to the Election Commission of India before contesting an election.

A five-judge Constitution bench, headed by Chief Justice Dipak Misra, said that citizens have a right to be informed about the antecedents of their candidates and asked Parliament to consider framing a law to ensure decriminalisation of politics.

According to the Representation of the People Act, 1951, a lawmaker is disqualified from contesting elections for six years if he is convicted of a crime and sentenced to more than two years in prison. The six-year period of disqualification begins the moment a politician is released from jail after completing his sentence.

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