The Supreme Court of India, on Monday, sought insights from Attorney General R Venkataramani regarding a plea that proposes a permanent ban on individuals convicted of criminal offenses from contesting in parliamentary and state assembly elections. This significant plea, initiated by lawyer and activist Ashwini Kumar Upadhyay in 2017, challenges the temporary disqualification norms under Sections 8 and 9 of the Representation of People’s Act, 1951 (RP Act).
Justices Dipankar Datta and Manmohan, presiding over the case, emphasized the constitutional implications of the RP Act’s current provisions, which only disqualify convicted individuals for a finite period post their prison terms. The plea asserts that such temporary bans are inadequate in maintaining the integrity of legislative bodies.
In addition to the Attorney General’s input, the Court has also called for responses from the Central government and the Election Commission of India (ECI), allowing three weeks for their submissions. State governments interested in contributing to the discussion have been invited to present their viewpoints.
The ongoing litigation aims to address the broader issue of criminalization in politics, advocating not only for lifetime bans for convicted politicians but also for the swift resolution of pending criminal cases against current MPs and MLAs. In 2023, the Supreme Court had mandated a faster trial process for legislators in a ruling by a three-judge bench led by then Chief Justice DY Chandrachud.
Further complicating the legal landscape are concerns about convicted criminals holding significant positions within nationally recognized political parties, a matter brought to attention by Amicus Curiae Vijay Hansaria. The Court acknowledged the need for a thorough examination of these issues to avoid superficial reforms that might undermine public trust in the electoral and judicial processes.
Representatives for both Ashwini Kumar Upadhyay and the ECI presented their arguments, with the Court stressing the importance of a comprehensive approach to eradicating political criminalization. The next hearing is scheduled for March 4, where the Court anticipates making substantive decisions on these pivotal legal and ethical questions.
