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Why Convicted Lawmakers Banned Only For 6 Years: SC

Hindustan Times Haryana

|

February 11, 2025

There is apparent conflict of interest too. How do persons breaking the law make laws? SUPREME COURT

- Abraham Thomas

NEW DELHI: The Supreme Court said on Monday that it found no logic in a convicted legislator being barred from contesting elections for just six years and sought the Centre's response on a petition seeking a life ban instead, observing that there exists an "apparent conflict of interest" in allowing a law-breaker to be a lawmaker.

Addressing the issue in a PIL filed by advocate Ashwini Kumar Upadhyay, pending since 2016, a bench headed by Justice Dipankar Datta said, "If conviction is upheld, a government servant gets barred for life. Then, how do people come back to Parliament? There is an apparent conflict of interest too. How do persons breaking the law make laws?"

Upadhyay, who was represented by senior advocate Vikas Singh, challenged the validity of sections 8 and 9 of the Representation of Peoples Act, 1951. The petition demanded imposing a life ban on convicted politicians and to fast-track trials pending against them in various courts.

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