Amendment proposed to law to bar criminals contesting polls

NEW DELHI: In a bid to keep criminals out of elections, government proposes to amend the law to bar candidates against whom charges have been framed in heinous crimes.

According to a draft note prepared by the Law Ministry to amend the Representation of People's Act, candidates against whom charges have been framed by courts for allegedly committing heinous crimes will be disqualified from contesting elections.

The offences should punishable with a jail term of five years or above.

The provision will, however, not apply in cases where the charges have been framed in less than a year from the date of filing nominations, a Law Ministry official hastened to add.

The draft bill has provisions which provide enough "safeguards" against politically motivated charges.

"In case, candidates feel that charges have been wrongly framed against them, they may move the concerned High Court, which will refer it to a special tribunal or court for disposal within 15 days," the draft note says.

If cleared by the tribunal, the candidate will be free to contest.

The official said the proposal was not against the recommendation made by a Parliamentary standing committee on Law, Personnel and Grievances in 2007.

He said the panel had raised the issue of candidates belonging to opposition parties being framed by the party in power on "false and mala fide charges."