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Why can’t Election Commission link parties’ recognition with bar on those with criminal past: SC

Why can’t Election Commission link parties’ recognition with bar on those with criminal past: SC

Sentinel Digital DeskBy : Sentinel Digital Desk

  |  22 Aug 2018 5:17 AM GMT

New Delhi, Aug 21: The Supreme Court on Tuesday asked the government if it can direct the Election Commission to include in the symbol order a clause that a political party is liable to lose its recognition if it fields candidates with criminal antecedents.

“Why can’t we exhort Parliament like the Law Commission does to address the problem? Why can’t we take clue from Section 33A of the Representation of People Act and direct the Election Commission to include in Symbol order a stipulation to bar people with criminal antecedents from electoral fray?” the court asked. “Without asking the legislature (to make a law), you are asking the Election Commission (to insert addition qualifications),”

Attorney General K.K. Venugopal said. The top court, he said, could exhort Parliament to enact a law to bar the people with criminal background from the electoral fray, but any expansion of the Symbols Order that would have a bearing on the recognition of political parties would be ultra vires. (IANS)

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