govt-opposes-permanent-poll-ban-for-convicted-leaders

The central government has told the Supreme Court that imposing a lifetime ban on convicted politicians falls within the legislative domain, arguing that existing disqualification rules strike a balance between deterrence and fairness.

 

In a counter-affidavit submitted on Wednesday, the government opposed a petition seeking a permanent ban on politicians convicted of criminal offences from contesting elections.

 

The petition, filed by lawyer Ashwini Upadhyaya in 2016, challenges the constitutional validity of Sections 8 and 9 of the Representation of the People Act, 1951.

 

The government asserted that the duration of disqualification is a matter of legislative policy and should be determined by Parliament.

 

“The question of whether a lifetime ban would be appropriate or not is solely within the domain of Parliament,” the affidavit stated, according to Live Law.

 

Under Section 8 of the Act, a person convicted of specific offences is barred from contesting elections for six years following the completion of their sentence.

 

Section 9 states that public servants dismissed for corruption or disloyalty to the State are disqualified from electoral eligibility for five years from the date of dismissal.

 

The petitioner argues that such disqualification should be extended to a lifetime ban. However, the government maintains that Parliament has already taken into account the principles of proportionality and reasonableness while framing these provisions.

 

“By limiting the penalty to an appropriate duration, deterrence is ensured while undue harshness is avoided,” the affidavit stated.

 

The Centre insisted that the existing provisions are constitutionally sound and do not suffer from excessive delegation. It also argued that granting the relief sought by the petitioner would amount to judicial lawmaking by effectively replacing the six-year disqualification period with a lifetime ban.

 

“The petitioner’s prayer amounts to rewriting the statute or directing Parliament to legislate in a specific manner, which is beyond the scope of judicial review,” the government said. “It is well-established that courts cannot compel Parliament to make laws or dictate legislative policy.”

 

The government further pointed out that many penal laws impose time-bound restrictions on disqualification. “There is nothing inherently unconstitutional about limiting the impact of penalties to a specific period,” it added.