SC to hear plea for lifetime ban on convicted MPs, MLAs

The Supreme Court on Wednesday said it will consider a plea seeking to debar convicted members of parliament and state assemblies from contesting elections for life.

A bench comprising Chief Justice of India NV Ramana, Justices Krishna Murari and Justice Hima Kohli said that it will hear the matter. Senior advocate Vikas Singh, appearing for petitioner Ashwini Upadhyay, told the bench a constable will not get his job back if he is convicted of an offence, however, a politician can even become the home minister six years after conviction. The plea sought direction that convicted parliamentarians and legislators, former and sitting, should be disqualified and banned for life from contesting elections to the parliament or assemblies.

As of now, convicted politicians are banned from contesting polls for six years.The Central government in an affidavit filed in 2020 had rejected the idea of a lifetime ban on convicted persons contesting elections or forming or becoming an office-bearer of a political party.

It had been said that disqualification under the Representation of the People Act of 1951 for the period of six years was enough for legislators. Senior advocate Vijay Hansaria filed the report in the apex court and informed that a total of 4,984 criminal cases against former and sitting Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) are pending before various sessions and magistrate courts across the country, an increase of 862 such cases in the last three years.