Lifetime ban on convicted politicians too harsh, 6-year bar sufficient: Centre in SC

The Central government on Wednesday submitted an affidavit in the Supreme Court, opposing a petition seeking a lifetime ban on politicians from contesting elections after being convicted in criminal cases.

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The government said that the duration of disqualification falls strictly within the realm of legislative policy. The assertion was made in an affidavit submitted in response to a petition filed by lawyer Ashwini Upadhyaya in 2016, which challenged the constitutional validity of Sections 8 and 9 of the Representation of the People Act, 1951.

"The question whether a life-time ban would be appropriate or not is a question that is solely within the domain of the parliament," the Centre submitted. By confining the operation of penalty to an appropriate length of time, deterrence was ensured while undue harshness was avoided, it added.

There was, said the Centre, 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 in the top court seeks a life ban on convicted politicians aside from the expeditious disposal of criminal cases against MPs and MLAs in the country.

According to Section 8, a person convicted of specified offences faces disqualification for six years following the completion of their jail term. Likewise, Section 9 stipulates that public servants dismissed for corruption or disloyalty to the State shall be barred from eligibility for five years from the date of dismissal.