New Delhi: There have been debates and discussions on the fate of convicted MPs and MLAs.
As per the existing law, there is a six-year ban on convicted Members of Parliament and State Assemblies, which comes into effect from the day the person completes his/her sentence. But there has been a call from several quarters to impose a lifetime ban.
On Monday, the Supreme Court said it will examine and hold a detailed hearing on a petition seeking a lifetime ban on convicted MPs and MLAs.
A bench of Justices Deepankar Datta and Manmohan, hearing a PIL filed by Advocate Ashwini Upadhyaya, sought fresh responses from Election Commission of India (ECI) and the Central government.
The bench also sought Attorney General R Venkatramani’s assistance on the matter, and set March 4 as the next date of hearing.
“A government servant like a Class 4 employee once convicted of grave offences like murder or rape cannot get back his job but an MP/MLA can once again become a parliamentarian or MLA and also can go on to become a minister. We will examine Section 8 and Section 9 of RPA (Representation of the People Act, 1951),” Justice Datta said.
Upadhyaya’s petition argued that while babus, government staff are banned for life if they are convicted and don’t get a second chance, why are politicians condoned by the law.
In 2020, the Central government had rejected the proposal of a lifetime ban on convicted persons contesting elections, forming a party or becoming an office-bearer of a political party. Interestingly, ECI had backed the idea of lifetime ban.
As many as 5,000 cases are pending against sitting and former MPs and MLAs.
“Today the law is they can commit murder but he can be chairman of a nationally recognised political party. That is a third issue to consider,” said Senior Advocate Vijay Hansaria, who is an amicus curiae in the case.
