Centre Opposes Life-Time Ban on Convicted Politicians
NEW DELHI: In a significant legal development, the central government has opposed a petition seeking a life-time ban on convicted politicians, asserting that such a decision lies exclusively within the Parliament’s jurisdiction. The government’s affidavit stated, “The question whether a life-time ban would be appropriate or not is a question that is solely within the domain of the parliament.”
Judicial Review vs. Legislative Policy
The petition, filed by Advocate Ashwini Kumar Upadhyay, demands a prompt resolution of criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). The Centre argued that the Supreme Court has consistently maintained that legislative decisions cannot be contested in courts based on their effectiveness or preference.
Disqualifications and Their Duration
The Centre clarified that disqualifications under Sections 8 and 9 of the Representation of the People Act, 1951, are time-bound and not permanent. It emphasized that while the court can declare legal provisions unconstitutional, altering the penalty duration from “six years” to “life-long” should be a legislative matter.
Understanding Disqualification
Moreover, the Centre highlighted that conviction is the basis for disqualification, but its effects are temporary. The argument posited that the discretion to impose penalties lies with Parliament, which has the authority to legislate on such matters.
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