New Delhi, February 10: The Supreme Court on Monday directed the Centre to file a response on a plea challenging the constitutional validity of Sections 8 and 9 of the Representation of the People Act (RP Act), 1951, which govern the disqualification of MPs and MLAs due to criminal convictions.
A bench comprising Justices Dipankar Datta and Manmohan asked the Centre to file an affidavit in response to the petition, warning that the court may proceed to decide the matter if the government fails to respond. The court also sought the assistance of Attorney General R. Venkataramani on the plea, which calls for a permanent ban on individuals convicted of criminal offences from contesting elections for Parliament and state assemblies.
The Election Commission of India has also been asked to submit its response on the matter.
Key Provisions Under Challenge
- Section 8 of the RP Act disqualifies individuals convicted of certain criminal offences from contesting elections for a period of six years from the date of their release from prison.
- Section 9 of the RP Act disqualifies individuals dismissed from government service for corruption or disloyalty to the state for a period of five years from the date of dismissal.
The petition was filed by advocate Ashwini Upadhyay, who is seeking lifetime disqualification for MPs and MLAs convicted of criminal offences, along with the expedited disposal of criminal cases involving lawmakers.
Court’s Approach on Expeditious Disposal of Criminal Cases
The bench also addressed the issue of the expeditious disposal of criminal cases against lawmakers but stated that it would not reopen the matter. This follows a three-judge bench’s decision from November 9, 2023, on the same issue. The matter will be placed before the Chief Justice of India for consideration by a larger bench.
Political Influence and Concerns Raised
During the hearing, senior advocate Vijay Hansaria, acting as amicus curiae, pointed out significant roadblocks in the handling of criminal cases against lawmakers, such as special MP/MLA courts being overburdened with other cases, excessive adjournments, and weak procedural enforcement.
Senior advocate Vikas Singh, representing the petitioner, highlighted the problem of convicted individuals re-entering politics after serving short sentences, which he argued undermines the integrity of the democratic system. Singh criticized political parties for repeatedly fielding candidates with criminal records, despite the high number of lawmakers with serious charges like rape and murder. He emphasized that, in a mature democracy like India’s, 46-48% of elected representatives having serious charges is deeply concerning.
The top court has scheduled the matter for further hearing in three weeks.