Supreme Court of India says: Candidates can’t be barred from contesting elections till proven guilty

Indian Politics, Judiciary /

Expressing serious discomfort on a PIL seeking disqualification of a candidate from contesting elections if a court framed charges against him or her for serious offences, the Supreme Court of India ruled that such candidate cannot be barred from contesting elections till he is proven to be guilty.

Supreme Court of India

At present, the law disqualifies a candidate from contesting elections if he or she is convicted and sentenced to more than two years in jail.

A bench of Chief Justice of India H L Dattu, Justice A K Sikri and Justice Arun Mishra gave this ruling.

What did the Supreme Court say?

  1. With a multi-party system and type of rivalry seen, it would be easy to register an FIR alleging sexual assault or other heinous offence.
  2. Disqualification after framing of charges will pose a grave danger to democratic politics.

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