New Delhi. The central government has said in the Supreme Court that it is not right to impose a life ban on the leaders convicted in criminal cases. The central government has filed its reply on the petition seeking life ban on contesting the elections of convicted MPs and MLAs and a quick hearing of such cases. According to the government, life ban on contesting elections will be very rigorous punishment. This petition was filed in the Supreme Court on behalf of advocate Ashwini Upadhyay. The apex court had asked the Center to file a reply on this.
Under the current rules, if an MLA or MP is sentenced to two years or more in a case, then his legislature or fan is canceled. Also, there is a ban on the person contesting elections for 6 years of completing the sentence. Advocate Ashwini Upadhyay challenged the constitutional validity of Section 8 and 9 of the Representation of the People Act, 1951 in the PIL filed in 2016. On this, the court had sought answers from the Central Government as well as the Election Commission. The Supreme Court had asked how can someone who break the law to sit in Parliament as an MP can be given the right to enact a law?
Parliament’s right to decide on the disqualification of MPs
The affidavit filed by the central government states that Parliament has the right to decide on the disqualification of MPs. The Center has described the matter beyond judicial review. The government has described the current law as constitutionally strong. The Central Government in its reply has told the Supreme Court that the period of disqualification is decided by the House considering the principles of proportional and reasoning. Let us tell you that the disqualification issue of MPs and MLAs has been debating for a long time.
