Barring criminals from elections

It is heartening that measures are on the anvil to prevent criminals from contesting and getting elected to State legislatures and Parliament. According to our Supreme Court, contesting elections is not a fundamental right nor a common law right. It is a statutory right and hence its exercise can be qualified by relevant conditions. One of these can surely be that if a charge has been framed against a person by a court of law after hearing parties in respect of a serious offence, namely one which prescribes punishment of imprisonment for five years or more, such a person should be ineligible to contest elections. It is not mere registration of an FIR or filing of a chargesheet by the prosecution agency, but a charge framed by a court after application of mind that disqualifies the person from standing for elections. This disqualifying condition does not prevent a person from exercising his fundamental right of trade and business or any other guaranteed fundamental rights. At present, only a conviction renders a person ineligible. Regrettably, a criminal trial takes years before it is concluded and in the meantime generally the person is at large on bail and merrily contests elections and also gets elected. This measure will go a long way in preventing or at least minimising criminalisation of politics, improving the quality of governance and restoring faith of the people in the functioning of parliamentary democracy. The bottom line is that we do not want law breakers to become law makers for us, our children and grandchildren.