New Delhi, Aug 10: The Supreme Court sought to know if the Election Commission could be directed by the Centre to de-recognise political parties which give tickets to those candidates facing trial in criminal cases.
"Can we direct the Election Commission that if charges are framed against a person, he or she should not be given ticket to contest polls? Can we make such kind of orders? Or should we suggest the legislators to make a law in this regard as political parties are giving tickets to criminals," the Bench asked the Centre.
The court further asked how a politician charged with murder would 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.