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Judicial Observations on Political Parties and Criminal Cases
Context:
- Recent Supreme Court discussions have raised critical legal questions regarding the involvement of political parties in criminal cases under the Prevention of Money Laundering Act (PMLA).
- Accusation of Political Parties: The Supreme Court’s inquiry led to the Enforcement Directorate making a political party an accused under the PMLA, marking a first in Indian legal history.
Legal Analysis of PMLA and Political Parties:
- Section 70 of PMLA: This section deals with offences by companies, but it is unclear if political parties fall under this definition. The section covers “associations of individuals,” but not explicitly political parties.
- Representation of The People Act (RPA) Definition: RPA 1951 defines a political party as an “association or body of individual citizens.” However, the definition in PMLA does not clearly include political parties, leading to legal ambiguity.
- Interpretation Issues: The ejusdem generis rule suggests that “associations of individuals” in PMLA refers to entities similar to companies or firms, not political parties.
- Role of Political Parties: Political parties are not transactional entities; their primary role is political mobilisation and governance, not business activities. The law acknowledges their unique role in democracy.
Policy Decisions vs. Criminal Liability:
- Cabinet Decisions and Criminality: The Supreme Court questioned where to draw the line between policy decisions and criminality, emphasising that cabinet decisions are collective and should not lead to individual criminal charges.
- Judicial Precedent: Historically, the judiciary does not examine the motives behind cabinet policies, and criminal charges against ministers for cabinet decisions are legally unsustainable.
Need for Judicial Clarity:
- Consequences of Including Political Parties: Extending laws like the Prevention of Corruption Act and PMLA to political parties could lead to political vendettas and make parties vulnerable to misuse of legal provisions.
- Judicial Clarification Needed: The Supreme Court is urged to clarify the law regarding the involvement of political parties in criminal cases and the individual culpability of ministers for cabinet decisions.
Defamation Cases Against Political Parties:
- High Court Ruling: A High Court ruled that political parties, as associations of individuals, can be accused in defamation cases under Sections 499 and 500 of the Indian Penal Code (IPC).
- Legal Personhood: The court recognised political parties as “legal persons” with reputations that can be protected under defamation laws.
Criminalisation of Politics:
- Supreme Court’s Stand: The Supreme Court has ordered political parties to disclose criminal histories of candidates and justify their selection, emphasising the increasing criminalisation of politics.
- Electoral Reforms: The court ruled that political parties must publish detailed information on candidates‘ criminal backgrounds and the reasons for their selection, aiming to curb the rise of criminals in politics.
