GUWAHATI: The central government recently filed a counter-affidavit in the Supreme Court opposing a plea seeking a lifetime ban on convicted politicians from contesting elections. The government asserted that the period of disqualification falls within the domain of legislative policy and should be determined by Parliament.
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According to a LiveLaw report published on Wednesday, February 26, the affidavit was submitted in response to a petition filed by advocate Ashwini Upadhyay in 2016, challenging the constitutional validity of Sections 8 and 9 of the Representation of the People Act, 1951.
The petitioner, in this regard, argued that convicted politicians should face a lifetime disqualification instead of the existing provisions, which impose a six-year ban after completion of a jail term for specified offences under Section 8. Section 9 mandates a five-year disqualification for public servants dismissed for corruption or disloyalty to the State.
Opposing the plea, the Centre maintained that the question of imposing a lifetime ban is a matter solely within the Parliament’s jurisdiction. The government emphasised that the current provisions strike a balance between deterrence and fairness, ensuring that penalties are proportionate and not unduly harsh.
“The term of disqualification is determined by Parliament considering the principles of proportionality and reasonability,” the affidavit stated. The Centre further argued that limiting disqualification to a specific period is a common feature across various penal laws and is not inherently unconstitutional.
Rejecting the petitioner’s demand, the government said the relief sought effectively amounts to rewriting the law by replacing “six years” with “lifetime” in all sub-sections of Section 8 of the Representation of the People Act. It asserted that courts do not have the authority to direct Parliament on legislative matters.
Two weeks ago, a bench of the Supreme Court comprising Justice Dipankar Datta and Justice Manmohan had sought the Centre’s response on the issue. The bench acknowledged that criminalisation of politics is a serious concern and noted the potential conflict of interest in politicians framing laws that govern their own disqualification.
