Supreme Court of India · 2018-09-25
PUBLIC INTEREST FOUNDATION vs UNION OF INDIA
- Citation / case number
- SC 2011/36674
- Court
- Supreme Court of India
- Petitioner
- PUBLIC INTEREST FOUNDATION
- Respondent
- UNION OF INDIA
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE, HON'BLE MS. JUSTICE INDU MALHOTRA
Judgment text excerpt
The Supreme Court addressed the issue of disqualification for membership in the context of Article 102 of the Constitution, emphasizing the need to curb the criminalization of politics. The Court recognized the rising trend of individuals with criminal antecedents in political positions and discussed the role of judicial statesmanship in interpreting constitutional provisions. Ultimately, the Court held that while it can recommend legislation, it cannot legislate itself, reaffirming the separation of powers principle under Article 102(1)(e).