New Delhi [India], February 26: The central government filed an affidavit in the Supreme Court on Wednesday, opposing a plea that calls for a lifetime ban on convicted politicians from contesting elections.
In its response, the government argued that granting the relief sought would exceed the judiciary’s powers, as it would require the creation of a new law, which can only be enacted by Parliament. The Centre emphasized that determining whether convicted politicians should face a permanent ban is a matter solely within the jurisdiction of the legislature and beyond the scope of judicial review.
The government further stated that the disqualification of politicians is governed by existing laws and is subject to specific limitations. It asserted that there is nothing “inherently unconstitutional” about the provisions under which convicted politicians are currently disqualified for a maximum of six years.
Advocate Ashwini Kumar Upadhyay, who filed the Public Interest Litigation (PIL) in 2016, is seeking the permanent disqualification of politicians convicted of crimes. Upadhyay challenged the constitutional validity of certain provisions in the Representation of the People Act, 1951, which currently impose disqualification penalties for convicted politicians but limit the period to six years.
Earlier this month, the Supreme Court had requested the Centre’s response to the petition, highlighting the serious issue of criminalization in politics. In its latest affidavit, the Centre reiterated its opposition to the plea.