PUBLIC INTEREST FOUNDATION Vs. UNION OF INDIA

JUDGEMENT

(1.) ON 25.11.2013 Mr. Paras Kuhad, learned Additional Solicitor General, submitted that for the purposes of decriminalization of politics and electoral reforms, the matter had been referred to the Law Commission of India (for short, 'Law Commission') for consideration. Pursuant to the order of 25.11.2013, an additional affidavit has been filed by the Government of India through the Deputy Secretary, in the Legislative Department, Ministry of Law and Justice. It is stated therein that the Ministry of Law and Justice vide its Note dated 16.01.2013 had desired the Law Commission to consider and examine the issue of 'Electoral Reforms'. The Note of the Ministry of Law and Justice has been placed on record which reads as follows:

(2.) WITH a view to advancing the issue of free and fare elections and to progressively eliminate the use of money and muscle power in elections, the funding and conducts of elections, better management of electoral system, Regulation of political parties, including the audit and finance thereof and review of the anti -defection laws are some of the issues on which detailed deliberations are required. This would require consultations with the Election Commission as well as with other stakeholders. Also there is overwhelming public opinion in the country that undesirable elements with criminal antecedents be weeded out from the legislatures and Parliament.

(3.) THE Election Commission of India (for short, 'Election Commission') in its response dated 21.11.2013 filed before the Court had recommended that where a person has been accused of serious criminal charges, and where the court is prima facie satisfied about his involvement in the crime and consequently charges have been framed at least six months before the election for an offence punishable with imprisonment for 5 years or more, against such person, then in such cases, the said person should be disqualified from contesting elections.