How can a person return to Parliament after conviction in criminal case: Top Court

The court pointed out that government employees convicted of corruption or disloyalty are barred from service, while convicted politicians can become ministers

- 

Flagging "criminalisation of politics" as a major issue, the Supreme Court on Monday asked how could a person return to Parliament after being convicted in a criminal case.

A bench of Justices Dipankar Datta and Manmohan therefore sought the assistance of the attorney general of India on the issue.

It was hearing a PIL filed by advocate Ashwini Upadhyay seeking a life ban on convicted politicians aside from the expeditious disposal of criminal cases against MPs and MLAs in the country.

The court sought the responses of the Centre and the Election Commission of India within three weeks on the challenge to constitutional validity of Sections 8 and 9 of Representation of People Act.

"Once he is convicted, and the conviction is upheld... how can people come back to Parliament and legislature? That they have to answer. There is also an apparent conflict of interest. They would be vetting the laws...,” it said.

The bench went on to add, “We need to be enlightened on Sections 8 and 9 of Representation of People Act. A government employee who is found guilty of corruption or disloyalty to state is not considered suitable in service even as a person but can be minister.”