Constitutional Boundaries on Judicial Intervention to Curb Criminalization of Politics

sketch of the Supreme Court of India
Case
PUBLIC INTEREST FOUNDATION v. UNION OF INDIA (Supreme Court of India, 25-09-2018)
Law
Constitution of India, Representation of the People Act.

Highlights of the Judgment:

  • Examination of the limits of judicial power under Article 142 to impose electoral disqualifications beyond the Representation of the People Act, 1951.
  • Analysis of the doctrine of separation of powers and the prohibition against creating judicial legislation or indirect restrictions.
  • Scope and limitations of the Election Commission's plenary powers under Article 324 regarding party symbols and candidate eligibility.
  • Affirmation of the voter's fundamental right to information under Article 19(1)(a) concerning candidates' criminal antecedents.