THE JHARKHAND STORY DESK
New Delhi, Feb 26: The central government has reportedly filed an affidavit in the Supreme Court opposing a petition that seeks a lifetime ban on convicted MPs.
In its affidavit, the government stated that the power to decide on the disqualification of MPs rests entirely with Parliament and is not subject to judicial review.
Notably, the Supreme Court had recently sought a response from the central government on whether convicted MPs and MLAs should be permanently barred from contesting elections.
In its reply, the government told the SC that politicians convicted in criminal cases cannot be banned from contesting elections for life after serving their sentence. The affidavit further stated that Parliament has framed provisions considering various circumstances, and the conditions for disqualifying a member from the House are clearly defined.
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The petition filed by the petitioner presents various aspects in an unclear manner. Notably, the central government has urged the Supreme Court to dismiss the petition filed in 2016.
Looking back, advocate Ashwini Upadhyay had filed a public interest litigation (PIL) in 2016, challenging the constitutional validity of Sections 8 and 9 of the Representation of the People Act, 1951.
Under the existing law, individuals sentenced to two years or more in criminal cases are barred from contesting elections for six years after completing their sentence. In his petition, Ashwini Upadhyay had sought a lifetime ban on convicted politicians and urged for the speedy disposal of pending cases against them in various courts.
In the previous hearing, the Supreme Court sought responses from the government and the Election Commission, pointing out that if a government employee is convicted of rape or murder, they lose their job permanently. However, if an MP or MLA is convicted, they face only a six-year ban from contesting elections. After this period, they can run again, get elected as a legislator, and even become a minister.
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