In reply, the petitioners argued before the apex court that if there would not be a ban on those persons charged with cognisable offences, then the decriminalisation of politics would increase. The petitioners stressed that there should be a ban and a direction should be passed by the apex court to the political parties whose members are charged with these offences.
The Election Commission of India (ECI) had supported the petitioners and said the ban should be imposed on those politicians who are charged with cognisable offences.
While hearing a batch of petitions seeking decriminalisation of politics, the five-judge constitution bench observed that the Parliament makes laws, while we only declare laws.
Appearing for the Union of India (UOI), Attorney General, (AG), K K Venugopal, had opposed to the PILs.
He had submitted to the apex court that no one can be disqualified before his or her conviction in any case and it is the Parliament to amend or make any laws into it.