New Delhi, Feb 26: The Central government has opposed a plea in the Supreme Court seeking a lifetime ban on convicted politicians, asserting that such a decision falls solely within the purview of Parliament. In an affidavit filed before the top court, the government stated that granting such a disqualification would amount to rewriting the law, which is beyond the scope of judicial review.
The Centre maintained that determining whether a lifetime ban is appropriate is a matter of legislative policy. The affidavit emphasized that penalties are typically imposed for a specific period to ensure deterrence while avoiding excessive harshness. It further argued that limiting the duration of disqualifications is a well-established legal principle, ensuring that penalties remain proportionate.
The plea, filed by advocate Ashwini Kumar Upadhyay, seeks not only a lifetime ban on convicted politicians but also the speedy resolution of criminal cases involving Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). In response, the Centre reiterated that the Supreme Court has consistently upheld the legislature's authority to decide on the duration of disqualifications.
Under Section 8(1) of the Representation of the People Act, 1951, a convicted politician faces disqualification for six years from the date of conviction or, in the case of imprisonment, six years from the date of release. The Centre argued that altering this to a lifetime ban would effectively rewrite the law, which is beyond judicial intervention.
The affidavit further stated that Parliament has the discretion to impose a lifetime disqualification but is not obligated to do so in every case. It asserted that the current legal provisions are constitutionally sound and do not suffer from excessive delegation. Additionally, the Centre underscored that penalties in Indian law, including those under the Bharatiya Nyaya Sanhita, 2023, are designed to be proportional to the severity of the offense.
The government also countered the petitioner's reliance on Articles 102 and 191 of the Constitution, which deal with disqualifications of MPs and MLAs. It clarified that these articles grant Parliament the power to legislate on disqualifications, including determining their grounds and duration.
The Supreme Court had earlier, on February 10, sought responses from both the Centre and the Election Commission regarding the constitutional validity of Sections 8 and 9 of the Representation of the People Act. The case is likely to have far-reaching implications for the legal and political landscape of the country.
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