Supreme Court · 2018 INSC 862 · Decided 25 September 2018
Public Interest Foundation & ORS. v. Union of India & ANR.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 862 · [2018] 10 S.C.R. 141
- Case number
- WRIT PETITION (CIVIL) No. 536/2011
- Decided
- 25 September 2018
- Bench
- DIPAK MISRA, R.F. NARIMAN, D.Y. CHANDRACHUD, A.M. KHANWILKAR, INDU MALHOTRA (5-judge bench)
- Outcome
- Disposed off
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 102(a); Representation of the People Act Section 7(b), 8, 8A, 9, 9A, 10, 10A
Headnote
Constitution of India: Articles 102 (a) to (d) and (e); 324 - In order to curb criminalization of politics, whether the court can issue mandamus to Parliament to pass a legislation debarring a person facing charges of serious nature for Member of Parliament; and whether directions can be issued to the Election Commission to control party discipline of political party by not encouraging candidates with criminal antecedents - Held: In a constitutional democracy, criminalization of politics is extremely disastrous
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