Candidates cannot be disqualified on filing of chargesheet, Supreme Court

The Supreme Court today ruled that it cannot issue a disqualification to bar those candidates from contesting elections against whom a chargesheet has been filed in criminal offences.

The judgment was pronounced by a Constitution Bench presided by Chief Justice Dipak Misra and comprising Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.

The Court noted that the Indian Constitution clearly provides that it is the Parliament that has to make the law concerning disqualification of electoral candidates. In this regard, reference was made to Articles 102 and 191 of the Constitution. As observed in the judgment,

“On a perusal of both the Articles, it is clear as crystal that as regards disqualification for being chosen as a member of either House of Parliament and similarly disqualification for being chosen or for being a member of the Legislative Assembly or Legislative Council of a State, the law has to be made by the Parliament.“

This view has also been endorsed in the case of Lily Thomas v. Union of India, which the Court today reaffirmed, observing as follows.

“We have no hesitation in saying that the view expressed above in Lily Thomas (supra) is correct, for the Parliament has the exclusive legislative power to lay down disqualification for membership.“

Accordingly, the Court also noted that the law on disqualification of electoral candidates has been exhaustively laid down by the Parliament in the Representation of Peoples Act 1951. Therefore, the Court concluded that there was no scope for judicial interference on this aspect.