Lifetime Ban on Convicted Politicians: Supreme Court Petition and Government’s Response
A petition has been filed in the Supreme Court seeking a lifetime ban on politicians convicted in criminal cases. However, the Central Government has opposed this demand in an affidavit, arguing that a lifetime ban would be too harsh. Instead, the government suggests a six-year disqualification period.
Advocate Ashwini Upadhyay filed the petition, urging the Supreme Court to impose a lifetime ban on convicted politicians and ensure the swift disposal of cases against MLAs and MPs. In response, the Central Government stated that the power to disqualify elected representatives lies entirely with Parliament.
Government’s Affidavit
The affidavit emphasizes that the decision to impose a lifetime ban on public representatives falls under the jurisdiction of Parliament. Similarly, the authority to disqualify a member rests with the respective House.
Ashwini Upadhyay’s petition challenges Sections 8 and 9 of the Representation of the People Act, 1951. According to the Central Government’s affidavit:
- Section 8(1) states that the disqualification period for a convicted politician is six years from the date of conviction or, in the case of imprisonment, six years from the date of release.
- Section 9 disqualifies a government servant found guilty of corruption or actions against the state for five years from the date of dismissal.
Upadhyay argues that both public representatives and government officials convicted of serious offenses should face a lifetime disqualification.
