New Delhi, Aug 9: The Supreme Court has asked how a politician charged with murder with uphold the Constitution. The observations were made while hearing a petition which seeks to disqualify politicians under the Representation of Peoples Act against whom charges have been framed by the trial court in heinous offences.
The Bench headed by Chief Justice of India, Dipak Misra asked if a person charged with a heinous offence will uphold the Constitution as per his oath of affirmation to be a legislator under the Third Schedule.
Attorney General, K K Venugopal responded by saying that a person is presumed innocent until found guilty. There is nothing wrong in taking oath until proven guilty, he also said. The court however pointed out to the petitioner that there is a 'Lakshmanrekha' here. We only declare the law, the legislature makes the law, the court further said.