A candidate should be disqualified on framing of charges in cases punishable by five years or more as the current criteria of disqualification upon conviction is "incapable" of barring criminals from electoral politics, the Law Commission has recommended.
The Commission, in a report presented to the Supreme Court, has also recommended that filing of false affidavit should be treated as a "corrupt practice" under the Representation of the People Act, which will attract disqualification.
Enhancement of punishment for such action from the current six months with a fine to at least two years has also been recommended by the Commission.
In the report on disqualification of candidates and filing of false affidavits which came up in the Supreme Court on Monday, the Commission has said, "The law needs to evolve to pose an effective deterrence and to prevent subversion of the process of justice."
It said that "disqualification upon conviction has proved to be incapable of curbing the growing criminalisation of politics, owing to long delays in trials and rare convictions."
It said the stage of framing of charges (for an offence punishable by at least five years imprisonment) is based on "adequate levels of judicial scrutiny" and disqualification at the stage of charging, if accompanied by substantial attendant legal safeguards to prevent misuse, has "significant potential" to curb the spread of criminalisation of politics.
The filing of the police report under Section 173 of CrPC is "not an appropriate stage" to introduce electoral disqualifications due to "lack of sufficient application of judicial mind at this stage," the law panel said.
Referring to the proposed safeguards while disqualifying a candidate at the stage of framing of charges, the panel said only offences which have a maximum punishment of five years or above ought to be included within the remit of the provision.
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