Supreme Court Eyes Lifetime Ban on Convicted Politicians

The Supreme Court of India has directed the Centre to respond to a plea challenging the constitutional validity of sections of the Representation of the People Act, which dictate the disqualification of MPs/MLAs upon conviction. The apex court also seeks input regarding a permanent ban on convicted politicians contesting elections.

In a significant move on Monday, the Supreme Court of India asked the Centre to file a response on a plea challenging the constitutional validity of Sections 8 and 9 of the Representation of the People Act (RP Act), 1951.

These sections govern the disqualification of MPs and MLAs following criminal convictions. Justices Dipankar Datta and Manmohan, who are overseeing the case, have demanded a government response, warning that the court may opt to decide the matter independently if the Centre fails to comply.

The case, which also seeks a perpetual ban on individuals convicted of criminal offences from running for Parliament and state legislative assemblies, calls upon the Attorney General R Venkataramani and the Election Commission of India for assistance. Currently, the RP Act disqualifies convicted persons from elections for a specified period post-release and from government service for corruption or disloyalty.

The bench noted that reopening the settled issues around speedy trials for lawmakers would require a larger bench due to a previous judgment by a three-judge bench on November 9, 2023. The court has tabled this matter for further examination by the Chief Justice of India.

The Supreme Court, however, will proceed on issues related to disqualification and has sought responses from the Union of India and the Election Commission. The matter is scheduled for another hearing in three weeks. Advocate Ashwini Upadhyay has spearheaded the Public Interest Litigation (PIL), pushing for the life-long disqualification of MPs and MLAs and a swift conclusion to criminal cases involving public officials.

During the proceedings, senior advocate Vijay Hansaria highlighted challenges in the judicial process, such as MP/MLA courts being bogged down with other matters and procedural delays. Advocate Vikas Singh criticized the re-entry of convicted officials into politics, arguing that the action undermines the democracy's integrity as major political parties continue to back candidates with serious allegations, including rape and murder.

(With inputs from agencies.)