Supreme Court seeks Attorney General's input on plea for lifetime ban on convicts from polls

The Supreme Court on Monday sought the assistance of Attorney General (AG) R Venkataramani on a plea seeking a permanent ban on those convicted of criminal offences from contesting elections to the parliament and State assemblies. .The Court was hearing an interim application (IA) filed by lawyer and activist Ashwini Kumar Upadhyay in 2017 calling for such a ban, by challenging the validity of Sections 8 and 9 of the Representation of People's Act, 1951 (RP Act) in certain respects. In particular, Upadhyay questioned the validity of these provisions insofar as they disqualify persons convicted of criminal offences from serving as Members of Parliament (MP) or as Members of Legislative Assemblies (MLAs) only for a certain period. Since the matter involved the constitutional validity of provisions of the RP Act, the Bench of Justices Dipankar Datta and Manmohan today asked the Attorney General for India to address the Court on this issue. .The Court further sought the response of the Central government and the Election Commission of India (ECI) within three weeks. State governments who wish to make their submissions would also be allowed to do so, the Court said. It added that it will hear all stakeholders in the matter provided they make their responses in a timely manner. .Section 8 of the RP Act disqualifies those convicted of certain listed offences from contesting elections from the date of their conviction and for a period of six years from the date of their release from prison.Section 9 of the RP Act similarly disqualifies those dismissed from government service for corruption or disloyalty to the State, for a period of five years after the date of dismissal. It has been contended that it is unconstitutional to ban such persons from elected posts only for a limited period of time. .The IA was filed by Upadhyay as part of his public interest litigation (PIL) petition against the criminalisation of politics. Among other prayers, the plea also called for the expeditious disposal of criminal trial pending against MPs and MLAs.In 2023, a three-judge Bench of the Supreme Court headed by former Chief Justice of India (CJI) DY Chandrachud passed a comprehensive ruling on the aspect of speedy trial against MPs and MLAs. The Division Bench of Justices Datta and Manmohan today took note of concerns that the progress of trial against legislatures remains slow, but opined that it would be inappropriate to reconsider an issue that has been examined earlier by a larger Bench of three judges. Therefore, this aspect was referred to CJI Sanjiv Khanna for the constitution of an appropriate Bench that may examine this issue. .The matter concerning the validity of Sections 8 and 9 of the RP Act would, however, be considered by the Division Bench of Justices Datta and Manmohan. Certain amendments to the original IA filed in 2017 were also allowed by the Bench. .Senior Advocate Vikas Singh appeared for Ashwini Kumar Upadhyay today. Amicus Curiae Vijay Hansaria also made submissions. Among other arguments, he questioned today whether it was right for office bearers of recognised national political parties, who are entitled to reserved election symbols, to have convicted criminals as office bearers. This issue also ought to be looked at by the Court apart from the validity to Section 8 and 9 of the RP Act, and the expeditious disposal of MP/MLA cases, he said. "Today the law is they can commit murder but he can be chairman of a national recognised political party. That is a third issue to consider," Hansaria said. .Advocate Sidhant Kumar represented the Election Commission of India (ECI), and sought the Court's leave to file a response to the amended IA concerning the challenge to Sections 8 and 9 of the RP Act.The Court allowed the request, adding,"Mr. Sidhant, criminalisation of politics is a very major issue. The Election Commission must have applied its mind and come out with a better solution than what is canvassed before us.".The Court also indicated that it is aiming to pass a comprehensive ruling on the issue. Earlier in the hearing, the Bench orally observed,"Mr. Upadhyay, your goal (decriminalisation of politics) is something we need to achieve as a country. But we should not do a half baked exercise. Otherwise, people will think they are being taken for a ride."The matter will be heard next on March 4. .[Read Live Coverage]