Centre opposes lifetime ban on convicted politicians in Supreme Court
What's the story
The Centre has filed a counter-affidavit in the Supreme Court, opposing a plea seeking a lifetime ban on politicians convicted of criminal offenses.
The plea, filed by lawyer Ashwini Upadhyaya in 2016, challenged the constitutional validity of Sections 8 and 9 of the Representation of the People Act, 1951.
Section 8 disqualifies convicted individuals from contesting elections for six years after serving their sentence.
Section 9 disqualifies public servants who have been removed for corruption or disloyalty for five years.
Legislative domain
Government argues disqualification duration is legislative policy
The petitioner is demanding that the disqualification be for a life term.
The Centre, however, has maintained that the period of disqualification is a matter of legislative policy, saying "The question whether a life-time ban would be appropriate or not is a question that is solely within the domain of the parliament."
It also argues that the current provisions are based on "proportionality and reasonability," ensuring deterrence without "undue harshness."
Penal laws
Centre defends time-limited penalties and parliamentary powers
Rewriting them to impose a lifetime ban, the government says, would exceed judicial review powers.
The Centre's affidavit emphasizes that time-limited penalties are prevalent across penal laws, enabling people to reintegrate into society after serving the penalty.
It also points out that Articles 102 and 191 of the Constitution empower Parliament to decide the grounds and duration of disqualification.
The government also contends that courts cannot compel Parliament to legislate in a particular manner, referencing previous SC judgments in support.
Hearing date
Supreme Court to hear case on March 4
The Supreme Court bench, which included Justice Dipankar Datta and Justice Manmohan, had earlier asked the government to respond to the matter.
During the hearing, the Supreme Court also urged the Election Commission to clarify its position on the subject, stating that "criminalization of politics is a major issue.".
The case will be heard by the court on March 4, with Attorney General R Venkataramani likely to assist.