Decriminalisation of polity: Nothing is ever done and nothing will ever be done: SC

New Delhi: Nothing is ever done and nothing will ever be done and we have to put our hands up, observed the Supreme Court on Tuesday while ruing over the non-compliance of its directions aimed at decriminalising the polity in letter and spirit by political parties.

The remarks of the apex court came while reserving its verdict after hearing arguments on a plea seeking contempt action against several political parties including BJP and Indian National Congress for non-compliance of its directions of February 13, 2020 during Bihar assembly polls.

A bench headed by Justice R F Nariman had said that the political parties were to publish the criminal antecedents of their selected candidates within 48 hours of their selection or not less than two weeks before the first date for filing of nominations, whichever is earlier.

Senior advocate Vikas Singh, appearing for the poll panel, elaborated on the specifics of non-compliance of apex court's directions. He said in Bihar assembly polls, the filing of nomination papers for first phase commenced on October 1, 2020 and the political parties mostly finalised their candidates very late.

This led to filing of nominations by candidates in the last few days and hence, the apex court's directions to decide candidates two weeks before the nomination and disclosing their criminal records, if any, were not complied with, he said.

He also referred to the figure and said 469 candidates, having criminal antecedents, were fielded by 10 political parties in recently held Bihar assembly polls.

While the submission was being made, the bench, also comprising Justice B R Gavai expressed its displeasure over the non-compliance of its directives on decriminalisation of politics. Nothing is ever done and nothing will ever be done. We have to put our hands up, the bench observed. This led senior advocate Kapil Sibal, appearing for Nationalist Congress Party, to urge the bench to enter into the legislative domain to set the house in order.

Sibal referred to Article 324 (superintendence, direction and control of elections to be vested in an Election Commission) of the Constitution and rued the fact that political parties are flouting the poll panel and its directives.

When directions are issued, candidates, parties do not follow them. Parties show contempt for them. Parties which openly disregard should face consequences. Question arises as to what the consequences should be and who should set the house in order, Sibal said.

Responding to the submission, the bench said How do we implement this? A five-judge constitution bench (judgement) says that we cannot do this.. Would this not amount to entering the domain of legislature. The bench further said it may consider the suggestion to refer the case to a seven-judge bench. The NCP along with Communist Party have been in complete defiance of the apex court's directives during Bihar polls, the election commission submitted. Senior advocate Harish Salve, also appearing for the poll panel, advocated the graded approach to rein in political parties saying the winnability seemed to be the criteria and this malady is afflicting all the political parties.