Lifetime Ban On Politicians Convicted In Criminal Cases To Continue? What Centre Told Supreme Court

The Centre opposed a Supreme Court plea to impose lifetime bans on convicted politicians, stating that such a measure falls solely within Parliament's authority.

A plea was filed in the Supreme Court seeking a life ban on convicted politicians.

Source : PTI

The Centre on Wednesday opposed a plea filed in the Supreme Court that sought to impose a life ban on convicted politicians, arguing such a disqualification was solely within the domain of Parliament. 

The Centre further said in an affidavit filed in court that the prayer in the plea amounted to re-writing of the statute or directing the Parliament to frame legislation in a particular manner which was wholly beyond the powers of judicial review, reported PTI. 

"The question whether a lifetime ban would be appropriate or not is a question that is solely within the domain of the parliament," the affidavit said.

It added that by confining the operation of penalty to an appropriate length of time, deterrence was ensured while undue harshness was avoided. 

The Centre argued there was nothing inherently unconstitutional in limiting the effect of penalties by time and it was a settled principle of law that penalties were limited either by time or by quantum.

"It is submitted that issues raised by the petitioner have wide-ranging ramifications and clearly fall within the legislative policy of Parliament and the contours of judicial review would be suitably altered in such regard," the affidavit said.

The plea, filed by advocate Ashwini Kumar Upadhyay sought a life ban on convicted politicians aside from the expeditious disposal of criminal cases against MPs and MLAs in the country.

Meanwhile, the Center pointed out that the top court had consistently held that the legislative choice over one option or the other couldn't be questioned in courts over its efficacy or otherwise.

According to the Representation of the People Act, 1951, Section 8(1), the period of disqualification was six years from the date of conviction or in case of imprisonment, six years from the date of release, it added.