Parliament, not us, can bar tainted netas from contesting polls: SC

The Supreme Court of India said the judiciary could not restrain tainted people from contesting elections as it falls under the legislature’s domain, which alone was competent to enact a law on this issue. A bench headed by Chief Justice H L Dattu said the idea of restraining people against whom charges of heinous offence has been framed looked “attractive and noble“ but the court has its limitations.

“In the name of judicial activism, we cannot enter into an area belonging to Parliament. Separation of power is a basic structure of Constitution and we must respect it,“ the bench, also comprising Justices A K Sikri and Arun Mishra, said. “It is for Parliament to decide.They know how to run the country and who should run for election. We should not step in,“ it added.

The bench also said that in criminal jurisprudence, a person is presumed innocent till he is convicted and his right to contest elections cannot be curtailed just because charges were framed against him.