‘Proactive steps taken to make politics crime free’, EC files affidavit in SC

The Election Commission has told the Supreme Court that it has been raising the issue of criminalization of politics since 1998 and has actively taken steps to decriminalize it. In an affidavit filed in the apex court, the commission said that further steps to effectively decriminalize politics would require legislative amendments, which are beyond the purview of the Election Commission.

What did the election commission say

The commission said that in its ‘Proposed Electoral Reforms, 2016’, it had reiterated its 2004 recommendation that a person accused of cognizable offenses punishable with a minimum sentence of five years and punishable by against whom charges have been framed and against whom cases have been filed at least six months before the election.

Petition sought ban on contesting elections

The Commission has filed this affidavit in response to the petition of advocate Ashwini Kumar Upadhyay. In the petition, he has sought a ban on contesting elections against persons against whom charges have been framed for serious offences. The petition, filed through advocate Ashwini Kumar Dubey, has also sought a direction to the central government and the Election Commission to take steps to prevent those facing trial for serious crimes from contesting elections.

Claimed in PIL

The PIL claimed that despite the recommendations of the Law Commission and earlier directions of the court, the Central Government and the Election Commission have not taken steps in this direction.