Bihar: Supreme Court’s decision hopes to crack down on criminalization of politics
Supreme Court’s decision hopes to crack down on the criminalization of politics.
Supreme Court also agreed criminalization in politics like canker surgery is needed.
drops of nectar before the 75th anniversary of the independence nectar festival.
The path of the decision of Bihar elections can prove to be an example by reaching UP Delhi.
Bihar: Supreme Court’s decision hopes to crack down on criminalization of politics
These ‘stains’ are not good in politics. Ahead of the 75th anniversary of independence, the Supreme Court on Tuesday raised hopes of cracking down on the criminalization of politics in two separate cases.
These decisions of the Supreme Court will prove to be a check on the tainted politics of parties who claim our shirts white from others.
The Supreme Court has made it clear that now the stains of tainted political parties or governments will not be able to dust in their own laundry, related
The approval of the High Court has to be taken.
On the other hand, in the contempt case related to the Bihar elections, the Supreme Court has ruled that the background of criminal candidates will have to be made public within 48 hours of the election of candidates.
A financial fine was also imposed on 8 out of 9 guilty parties of contempt.
Hopeful decisions
The latest verdict in the contempt case of Bihar elections and the Supreme Court’s remarks against the criminalization of politics has raised hopes that the tradition of hiding the stains of the tainted and dusting the stains in one’s own laundry will stop.
However, the worry is that within two years, there has been a 17 per cent increase in the cases of tainted MPs and MLAs. There were 4122 cases of tainted in 2018 which increased to 4859 in 2020.
Not only this, 122 sitting and former MLA-MPs are on the radar of ED.
Although most people like stains and money laundering in politics, these supreme decisions related to the elections of Bihar, the land of the republic, can prove to be an example for the future. Litmus test also.
It can be expected that the Election Commission gets immunity booster dose against the biggest virus of politics (crime and transaction) with the Supreme decision.
If the legislature should be serious about making laws and speedy disposal of criminal cases of honourable people, the parties should also take the initiative to shine an image in the public by avoiding the tainted side.
Why the High Court?
Generally, when governments change, it is a practice to withdraw criminal cases against honourable people belonging to their respective parties.
Many states including Uttar Pradesh, Uttarakhand, Karnataka, Maharashtra, Kerala are hallmarks.
The BJP government in Uttar Pradesh withdrew the cases against the provocative statements of heroes (Sangeet Som, Suresh Rana, Sadhvi Prachi etc.) in the Muzaffarnagar riots.
Considering the suggestion of Justice Friend Vijay Hansaria, a three-member bench of Chief Justice NV Ramana, Justice Surya Kant and Justice Vineet Sharan took the decision immediately that further permission of the concerned High Court would be necessary, only then the cases of the tainted would be withdrawn.
There will also be no transfers between judges hearing such cases. 76 in UP and Karnataka
Given the withdrawal of 61 cases, the Supreme Court had to make this decision immediately. The Maharashtra government was also contemplating returning the cases of the tainted along with the activists.
In UP, when there was a phase of transfer of power from the SP’s Akhilesh government to Yogi Adityanath, the governor had released a life-imprisonment convict long before his sentence was completed.
This matter of Akhilesh government’s time reached the Supreme Court recently and the Supreme Court expressed concern over such release.
The approval of the High Court on the power of the State Government or the Governor to withdraw a case or reduce the sentence, whether the interference of the judiciary in the matter of the legislature will be considered, it may take the form of challenge in future.
However, the process of hearing in the Supreme Court against the criminalization of politics is still going on. The next hearing will be on August 25.
Bihar’s decision can become an example
The Supreme Court’s decision in the contempt case of Bihar elections can prove to be a mirror for political parties. Last year, 470 tainted candidates were in the fray for the 243-seat Bihar Assembly elections.
All political parties were naked in the hammam.
RJD, BJP, JD(U), Congress, CPI, CPI(M) were face to face against each other under the umbrella of two alliances, but they were united in diversity when the details of tainted candidates were not made public.
The Supreme Court held nine parties guilty of contempt. One lakh each to Congress-BJP, JDU, 5 lakh to NCP-CPI(M) has been imposed.
The party which complied with the directions of the Supreme Court and the Election Commission to the slightest extent, the fine amount was nominal, and the one who completely ignored the instructions, the penalty amount was higher.
The monetary penalty amount may be less for the electoral battle, but the Supreme Court has ordered all political parties to display the tainted separately from the candidate’s caption with a criminal background on the home page of the website.
The Election Commission has also been asked to develop a mobile app and do maximum publicity during the elections.
There is already an instruction to give this information in social media and newspapers as well. This decision was given by a bench of Justice RF Nariman and Justice BR Gavai. Justice Nariman is going to retire next week.
UP to Delhi via Bihar’s road
Just as the road to Delhi’s power passes through Uttar Pradesh, similarly the road from Bihar to Delhi passes through Uttar Pradesh.
This decision of Bihar can prove to be an example in the direction of electoral reforms. UP can reach Delhi via Bihar’s road.
Along with the upcoming UP elections, the Lok Sabha elections by 2024, some changes can be expected early.
By then it is possible that the Supreme Court hearing against the criminalization of politics also reaches a complete verdict.
The cases related to the tainted should also be disposed of speedily.
.Hope these decisions prove to be the hammer of the Supreme Court for the political parties to protect democratic values.
Hope that these decisions taken during the elixir of Independence Day prove to be nectar for the republic.
Hope there is the proper treatment for the virus criminalizing politics in the Corona era.
Because it is important to note that the Supreme Court’s observation – criminalization in politics like canker surgery is needed.
Arbitrator of judgment
- 1. Cases of tainted will not be returned without the permission of the High Court
- 2. Criminal cases of candidates to be made public within 48 hours
- 3. 8 parties guilty of contempt of Bihar elections, also financial fine
- 4. Parties to display criminal candidates separately on the home page
- 5. EC Mobile
