Law Commission chairman and former Delhi High Court chief justice A P Shah has said the “political class doesn’t seem to be serious about electoral reforms”. This was one of the reasons why criminal elements entered politics and tainted money came into the economy, he said.
Justice Shah told that when the law panel called a meeting of major parties for consultation — just before responding to the Supreme Court on the issue of disqualification of charge-sheeted politicians from contesting elections — Aam Aadmi Party, BJP and Congress stayed away.
“When we held a national level seminar (on February 1) on this subject, all the major parties, including AAP, BJP and Congress did not attend the meet, and neither did they send any representation,” Justice Shah said. “Institutional integrity is important to preserve. Criminals should not be allowed to get elected to assemblies and Parliament as that will weaken these institutions,” he added.
The Law Commission has been entrusted with suggesting electoral reforms by the government. The apex court too, relies on the commission for its suggestion on important issues such as electoral and judicial reforms. The SC had earlier asked the commission to give its opinion on whether politicians against whom charges have been framed by a court for serious offences should be disqualified from contesting elections. The panel had in its opinion strongly backed disqualification of candidates against whom a court has framed charges for serious offences like rape, murder etc. However, the apex court has kept the case sub-judice with an interim order saying trials against lawmakers facing serious charges should be completed in a time-bound period of one year.
“All earlier suggestions made by the Law Commis- sion on electoral reforms remain unimplemented,” Justice Shah said, elaborating how in 1999, the commission had made extensive suggestions, one of which pertained to disqualification of chargesheeted politicians from participating in elections.
“Particularly on decriminalization of politics, the 1999 report had made several suggestions but no government took any action. This is one of the reasons why criminal elements enter politics and tainted money comes into the economy,” Justice Shah said. He also emphasized how these criminal elements have the potential to subvert the judicial process. “These criminal elements have the potential to subvert the judicial process and as a result you can see trials are delayed for several years and that is the reason why the rate of conviction is less,” Shah observed.
“Even after the Lily Thomas judgment of the Supreme Court (which struck down Sec 8(4) of the RP Act disqualifying a convicted MP/MLA from membership of the House) there has been only three disqualifications so far,” he explained, saying how the number of lawmakers facing serious criminal charges are frighteningly high. More than 160 MPs in the last Lok Sabha were those who had serious criminal charges against them.
“Earlier there was unhealthy connection between politicians and underworld. Now these criminals are seeking elections themselves,” the law panel chairman said. Law breakers should not be allowed to become lawmakers, he emphasized.
