CRIMINALIZATION OF POLITICS IN CONTEXT OF POLITICAL PARTIES FIELDING POLL CANDIDATES WITH CRIMINAL RECORDS. Flashcards
The Associaton for Democratc
Reforms (ADR) is an
independent electoral watchdog
established in 1999 by a group of professors from the Indian
Insttute of Management (IIM) Ahmedabad
Contempt of Courts Act
1971
It was amended in 2006* to include the defence of
truth under Secton 13of the original legislaton. Implying
that the court must permit justfcaton by truth as a valid
defence if it is satsfed that it is in the public interest.
*In 1991, the Supreme Court has ruled that it has the
power to punish for contempt not only of itself but also
of high courts, subordinate courts and tribunals
functoning in the entre country
Representaton of Peoples Act 1951 OFFER DISQALIFICATION OF CANDIDATES
SECTION 8
……………. submited by the Law Commission dealt with the need to
curb the trend of criminal politcians in legislature posing serious consequences to
democracy and secularism.
244th report (2014)
……………. the Union government started a scheme to establish 12 special courts for a
year to fast track the trial of criminal cases against MPs and MLAs
2017
……………. of law commission recommended
aboliton of the death penalty for all crimes except terrorismrelated ofences and waging war against the state
262nd Report
when law commission said so -
that Uniform Civil Code (UCC) is “neither necessary nor
desirable at this stage”.
The 21st Law commission in its recommendaton in 2018 said
that Uniform Civil Code (UCC) is “neither necessary nor
desirable at this stage”.
o Lily Thomas v. Union of India (2013):
.
o The SC has declared that any member of parliament or state legislatve assembly who
is convicted of a crime and sentenced to a prison term of two years or more would
be disqualifed from holding ofce.
Public Interest Foundaton v. Union of India (2019):
The SC has orderedpolitcal partes to publish the criminal records of their
candidates on their websites, social media handles, and newspapers.