Case Note & Summary
The Supreme Court of India, in contempt petitions arising from its earlier judgment in Public Interest Foundation v. Union of India, addressed the grave issue of criminalisation of politics. The Court observed that over the last four general elections, the percentage of Members of Parliament with pending criminal cases increased alarmingly from 24% in 2004 to 43% in 2019. Noting that political parties offered no explanation for selecting such candidates, the Court issued mandatory directions under Articles 129 and 142 of the Constitution. These directions require political parties to upload on their website detailed information about candidates with pending criminal cases, including the nature of offences and case particulars, along with reasons for selection based on qualifications and merit rather than mere winnability. The information must also be published in one local and one national newspaper, and on the party's official social media platforms, within 48 hours of selection or two weeks before the first date for filing nominations, whichever is earlier. Political parties must submit a compliance report to the Election Commission within 72 hours of selection. If a party fails to comply, the Election Commission is directed to bring such non-compliance to the Supreme Court's notice as contempt of court. The Court disposed of the contempt petitions with these directions.
Headnote
A) Constitutional Law - Contempt of Court - Criminalisation of Politics - Articles 129 and 142 of the Constitution of India - The Court noted alarming increase in MPs with criminal cases from 24% in 2004 to 43% in 2019 and issued mandatory directions for political parties to publish reasons for selecting candidates with criminal antecedents, not mere winnability, and to report compliance to the Election Commission within 72 hours, failing which the Election Commission shall bring non-compliance to the Supreme Court's notice as contempt (Paras 1-5). B) Election Law - Disclosure of Criminal Antecedents - Directions in Public Interest Foundation v. Union of India - The Court reiterated and expanded directions requiring political parties to upload detailed information on their website about candidates with pending criminal cases, publish in newspapers and social media within 48 hours of selection or two weeks before first date of filing nominations, whichever is earlier (Paras 2-4).
Issue of Consideration
Whether political parties are complying with the directions issued in Public Interest Foundation v. Union of India regarding disclosure of criminal antecedents of candidates, and what further directions are necessary to ensure compliance.
Final Decision
The Supreme Court disposed of the contempt petitions with directions that political parties must upload detailed information on their website about candidates with pending criminal cases, publish reasons for selection based on merit and not winnability, and submit compliance report to the Election Commission within 72 hours. Failure to comply shall be brought to the notice of the Supreme Court as contempt.
Law Points
- Contempt of court
- Criminalisation of politics
- Election law
- Right to information
- Political party obligations
