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Supreme Court on decriminalization
February 25 , 2020
1655 days
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- The Supreme Court directed political parties to upload on their websites and social media platforms the details of pending criminal cases against their candidates.
- Most importantly, the court also asked the parties to publish reasons as to why they are selected, as also for not giving ticket to those without criminal antecedents.
- It said these details should be published within 48 hours of the selection of the candidate or at least two weeks before the first date for filing of nominations, whichever is earlier.
- The details should also be published on official social media platforms of the political parties, including Facebook and Twitter, and also in one local vernacular and one national newspaper.
- The top court noted that 24 per cent of the MPs had criminal cases pending against them in 2004, while in 2009, it went to 30 per cent.
- Further, in 2014, 34 per cent of MPs had pending criminal cases against them, which increased to 43 per cent in 2019.
- The Supreme Court asked the Election Commission to work out a mechanism to curb criminalization of politics in nation's interest as the poll watchdog said that the 2018 order to declare criminal antecedents by the apex court to curb the problem has not been helpful.
- The Election commission has neither amended the Election Symbol Order, 1968 nor the model code of conduct (MCC) so the said notification has no legal sanction.
- A five-judge Constitution bench in 2018 had unanimously held that all candidates will have to declare their criminal background to the poll panel before contesting polls and called for a wider publicity, through print and electronic media about antecedents of candidates.
- It was said the EC neither published a list of leading newspapers-news channels for the purpose nor clarified the timing for declaration of criminal antecedents by candidates.
- This led to the candidates publishing the required information in newspapers and news channels that were not very popular and at odd hours.
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