VidhiSangh

Supreme Court of India · 25/09/2018

PUBLIC INTEREST FOUNDATION & ORS. versus UNION OF INDIA & ANR.

[2018] 10 S.C.R. 141 · 2018 INSC 862

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Summary

The Constitution Bench declined to create an additional electoral disqualification at the stage of criminal charges or to achieve that result by withholding a political party’s reserved symbol. Those changes required legislation by Parliament. To protect voters’ informed choice, however, it directed candidates to disclose pending criminal cases prominently, inform their parties, and publicise their antecedents; parties must publish that information on their websites and participate in newspaper and electronic-media publicity. The Court recommended legislative action against criminalisation of politics and disposed of the writ petitions and criminal appeals.

Issues

  1. Whether the Court could add electoral disqualifications beyond the Constitution and parliamentary legislation.
  2. Whether the Election Commission could be directed to withhold reserved party symbols from candidates facing serious criminal charges.
  3. What disclosure and publicity measures were required to secure voters’ informed choice.

Provisions considered

Held

Result

No additional judicial disqualification or party-symbol restriction imposed. Candidate and party disclosure and publicity directions issued; legislative reform recommended. Writ petitions and criminal appeals disposed of.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 141.