Have actively taken steps for decriminalisation of politics: EC to SC

Contending that it has been raising the issue of criminalisation of politics since 1998, the Election Commission has told the Supreme Court it has actively taken steps for its decriminalisation. In an affidavit filed in the top court, the poll panel said any further steps to effectively decriminalise politics would require legislative amendments which are beyond the scope of the Election Commission of India.

The poll panel told the apex court that in its "Proposed Electoral Reforms, 2016", it had reiterated its 2004 recommendation that people charged with cognisable offences, which are punishable with imprisonment of at least five years, where charges have been framed and where the cases have been filed at least six months prior to the election, should be debarred from contesting elections.

"It is submitted herein that the Election Commission of India has actively taken steps for decriminalisation of politics, and has also made recommendations in that regard. However, any further steps to effectively decriminalize politics would require legislative amendments, which is beyond the scope of the Election Commission of India," the EC said.


The affidavit was filed in response to a plea by lawyer Ashwini Upadhyay seeking debarment of those against whom charges have been framed in serious offences from contesting elections.

Besides debarring persons against whom charges have been framed in criminal cases, the plea, filed through advocate Ashwani Kumar Dubey, has also sought direction to the Centre and the Election Commission of India (ECI) to take steps to restrain such candidates as are put on trial for serious offences.

The PIL claimed that despite recommendations of the Law Commission and the court's earlier directions, the Centre and the ECI have not taken steps towards that.