Ravi S.Dhavan, J.

1. The reports as were published in the media that criminals are in politics brought an application on behalf of the petitioner (Bihar Rajya Panchayat Parishad) that the court considers the phenomenon of criminals in politics in the forthcoming elections to the Bihar Legislative Council, 24 seats are vacant to be filled from candidates representing self-government institutions. The circumstances of criminals in politics is fortified as correct on the information as has been received by the Additional Advocate General Mr. S.K. Ghosh from the district of Bhojpur, Muzaffarpur, Lakhisarai, Nawada, Rohtas-Kaimur, Gaya-Jehanabad, Arwal, Patna, Nalanda, Begusarai, Vaishali, Gopalganj, Aurangabad, Bettiah (West Champaran) and Bhagalpur. The Additional Advocate General states that complete information has yet to be received by him. The Additional Advocate General also confirms that absconders have filed nomination papers and certain Returning Officers have rejected such nomination papers filed by absconders seeking election.

2. Criminalization of politics is a subject which is freely discussed within the confines of sitting rooms of the leisured class every evening, with no result. Much concern has been expressed over threats to democracy by persons who violate the law with impunity. There is no doubt in anybodys mind that such persons are to be cooked. But in India, politics has a back door for such persons. This back door entry is an unseen danger to the very pedestal on which the Constitution of India stands.

3. Liberty, Equality and Fraternity are ringing expressions, right out of the French Revolution. These words are imbedded like jewels in the Preamble to the Constitution of India. Before anyone ventures to go to the Freedom clauses of the Constitution, the exercise to protect Freedom and Democracy will have to keep in sight the Preamble itself. The spirit of Democracy in the Indian Constitution, particularly the Preamble, the Chapter on Fundamental RightsPart 3, and the Directive Principles of State Policy-Part 4, is a concept born out of four revolutions. The first debunked the superiority of kingship and subjected it to the collective rule of Parliament in the conflict between the Stuart kings and Parliament, which brought in Oliver Cromwell as one of the greatest leaders of the time. He was a person who was offered a crown and declined. The American, French and Russian Revolutions all contributed to the concept which today people in the free world recognize as their inspiration, the image of a democracy based on orderly foundations of equality and law.

4. The debate often takes place that unless the law specifically debars a candidate he may participate in Democracy. The logic is good, and put to the best advantage of those who violate the law. But in India, if legislation may be lacking, then there is an answer in the Constitution of India to protect and nurture this new-found democracy, as it came into being in 1950. The Court is not going into any aspect of how old Democracy in India is, dating back to ancient times and perhaps one of the oldest Democracies in the world; this is not the subject before the Court. But some concepts must be very clear as to how the Constitution of India frames our Democracy at present. Very often forgotten and rarely read is the Preamble to the Constitution which declares :

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens ;

JUSTICE, Social economic and political; Liberty of thought, expression, belief, faith and worship;

EQUALITY of status and opportunity; and to promote among them all;

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY THIS TWENTY SIXTH DAY OF NOVEMBER, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

5. The Preamble is short but each word is preg