The Central government has informed the Supreme Court that imposing a lifetime ban on politicians convicted in criminal cases would be excessively harsh, asserting that the existing six-year disqualification period serves as an adequate deterrent.
In an affidavit responding to a petition filed by advocate Ashwini Upadhyaya, who sought a lifetime disqualification for convicted politicians and faster trials for MPs and MLAs facing criminal charges, the government emphasized that determining the duration of disqualification falls within Parliament’s jurisdiction.
“The question of whether a lifetime ban is appropriate or not is solely within the domain of Parliament,” the Center stated in its affidavit. It further argued that the current disqualification term aligns with the principles of proportionality and reasonability, ensuring deterrence without imposing undue severity.
Upadhyaya’s petition challenges Sections 8 and 9 of the Representation of the People Act, 1951. According to Section 8(1), a convicted lawmaker is disqualified for six years from the date of conviction, or in cases involving imprisonment, for six years after release.
Section 9 mandates a five-year disqualification for public servants dismissed on grounds of corruption or disloyalty to the state. The petitioner has argued that such disqualifications should extend for life.
However, the Centre contended that limiting penalties to a fixed period is a well-established legal principle and does not violate constitutional provisions.
“These issues have wide-ranging ramifications and fall within Parliament’s legislative domain. The Supreme Court’s judicial review powers do not extend to granting the relief of a lifetime ban sought by the petitioner,” the affidavit stated.
The government asserted that the current disqualification provisions are "constitutionally sound" and do not suffer from excessive delegation of power. It cited Articles 102 and 191 of the Constitution, which empower Parliament to legislate on disqualifications for members of the Lok Sabha, Rajya Sabha, state legislative assemblies, and councils.
The Supreme Court had ruled in 2013 that MPs and MLAs convicted with a minimum two-year sentence would be immediately disqualified, removing the earlier provision that allowed three months for appeal. The UPA government had attempted to overturn this ruling through an ordinance, but it was scrapped following strong opposition from Congress leader Rahul Gandhi, who had called the move "complete nonsense."
The Centre maintains that the existing legal framework strikes a balance between deterrence and fairness, making a lifetime ban unnecessary.
