Today the Supreme Court recalled the lawyers of its “Lakshman Rekha” when they eagerly pleaded it to interface to stop unlawful politics as the legislature was not doing enough.
A five-judge Constitution bend, which was led by Chief Justice Dipak Misra that initiated the PILs hearing, which involved suspects charged with a serious criminal case from electoral politics. It referred to the power separation concept, which involved three wings of the state- judiciary, legislature and executive.
One of the judges of the five-judge bench, Justice RF Nariman said, “Let me correct myself, it is the ‘lakshman Rekha’ to the extent that we declare the law and don’t make the law. We cannot create the law.”
When senior advocate Dinesh Dwivedi appeared for NGO Public Interest Foundation, the observation reports that there were 34% lawmakers with criminal offenses in 2014. Therefore, it is impossible for the parliament to make any law to forbid “criminalization of politics,” says the source.
It is the duty of the court to make law and there were legislature and void to refuse to fill that up, he added.
The five-bench expressed that the law can devise means to have a control over the criminal cases judicial proceedings involved with lawmakers. However, it becomes troublesome to direct election commission and parliament to certain things that come under the legislature domain.
He continued that “your submission basically is that we should safeguard the rights of all citizens. You are exhorting us to deal with the criminalization of politics.”
The five-judge bench compromises of- Justice RF Nariman, DY Chandrachud, M Khanwilkar and Indu Malhotra, all they said, “You want us to exhort parliament to lay down generally that such a law should exist which prevents criminality among legislators.”