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The central government on Wednesday filed an affidavit in the Supreme Court opposing a plea seeking a lifetime ban on convicted politicians from contesting elections.
In its response, the central government stated that acceding to the prayer sought in such a plea is beyond the powers of the judiciary as the same would require a new law, which could only be considered by the parliament. In other words, considering whether there should be a lifetime ban on convicted politicians is a matter that would fall only within the domain of the parliament, and the same is beyond the power of judicial review, the Centre said. Opposing the prayer for a permanent ban on convicted politicians, the Centre has also stated that disqualification or penalties in such matters are subject to certain limitations under various laws and that there is nothing "inherently unconstitutional" in it. Advocate Ashwini Kumar Upadhyay filed the Public Interest Litigation (PIL) in 2016, seeking that politicians who are convicted criminals be permanently disqualified from contesting elections. In his plea, Upadhaya challenged the constitutional validity of certain provisions of the Representation of the Peoples Act, 1951. The relevant provisions of the aforesaid act impose the penalty of disqualification on politicians who are convicted of certain offences, but the same is limited to a maximum period of six years. Upadhaya sought that such disqualification should be made permanent. Earlier this month, the Supreme Court had sought the Centres' response to the aforesaid plea and had flagged that the criminalisation of politics is a serious issue. Centre had now filed an affidavit opposing Upadhaya's plea. (ANI)
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