SC seeks Centre, ECI response on lifetime bar for MPs/MLAs after conviction

The Supreme Court on Monday asked the Centre to file its response on the plea challenging the constitutional validity of Sections 8 and 9 of the Representation of the People Act (RP Act), 1951, which govern MP/MLA’s disqualification due to convictions.
A bench of Justices Dipankar Datta and Manmohan asked Centre to file its affidavit on the plea, failing which the court may proceed to decide the matter without government response.
It also sought assistance of Attorney General R Venkataramon the plea seeking a permanent ban on those convicted of criminal offences from contesting elections to the Parliament and state assemblies.
The apex court also asked Election Commission of India to submit its response.
Section 8 of the RP Act disqualifies those persons convicted of certain listed offences from contesting elections from the date of their conviction and for a period of six years from the date of their release from prison.
Section 9 of the RP Act disqualifies those persons dismissed from government service for corruption or disloyalty to the state, for a period of five years after the date of dismissal.
On the issue relating to the expeditious disposal of criminal cases against lawmakers, the bench said it would be inappropriate for a two-judge bench to reopen the issue, given that a three-judge bench had already delivered a judgment on November 9, 2023 on the issue.
The apex court directed that the issue be placed before the Chief Justice of India for consideration by a larger bench.
The bench, however, said it will decide the issue concerning the disqualification of convicted politicians and sought responses from the Union of India and the Election Commission. The top court now listed the matter after three weeks.
The top court was hearing a PIL filed by advocate Ashwini Upadhyay seeking life-long disqualification of MPs, and MLAs, along with a demand for a one-year timeline for deciding criminal cases against government members.
During the hearing, senior advocate Vijay Hansaria, appearing as amicus curiae to assist the court, highlighted major roadblocks, including special MP/MLA courts handling other matters, excessive adjournments, and lack of strict procedural enforcement.
Senior advocate Vikas Singh, representing the petitioner, asked the bench to address the re-entry of convicted persons into politics.
He submitted that allowing those convicted of heinous crimes to return after a short sentence defeats democratic integrity. Singh further criticised political parties for repeatedly fielding candidates with criminal records.
The senior advocate further submitted, “Our democracy has matured over 75 years, yet 46-48 per cent of elected representatives have serious charges, including rape and murder. Parliament could not have intended such individuals to govern”.
Upadhyay approached the top court seeking speedy disposal of cases against MPs and MLAs and debarment of the convicted persons. As of now, convicted politicians are banned from polls for six years. (ANI)