SC refers plea seeking ban on convicted MPs/MLAs to CJI
The PIL, filed by Advocate Ashwini Kumar Upadhyay, challenges the constitutional validity of provisions under Section 8 of the Representation of the People Act, 1951, which currently bar convicted legislators from contesting elections only for six years after completing their sentence.
Senior Advocate Vijay Hansaria mentioned the matter before a Bench of Justice Surya Kant and Justice Joymalya Bagchi, urging for an early hearing. 'This is a matter of grave concern. Orders have been passed from time to time. The February 10 order requires that it be listed before a three-judge bench,' Hansaria submitted.
The Bench acknowledged the urgency and referred to paragraphs 4 and 5 of the February 10, 2025, order passed by a Bench led by Justice Dipankar Datta, directing that the matter be placed before the CJI for further directions. The plea is now expected to be heard finally on October 20, subject to the CJI's listing.
In February 2025, the Union government opposed the plea, arguing that a lifetime disqualification of elected representatives was a matter purely within the domain of Parliament and not for the judiciary to decide.
The Centre, through the Legislative Department, maintained that while the court may declare a provision unconstitutional under its power of judicial review, it cannot rewrite legislation to substitute "lifetime" for "six years" as suggested by the petitioner.
'The relief sought effectively asks the Court to read 'lifetime' instead of 'six years' in all sub-sections of Section 8. This is unknown to judicial review and constitutional law,' the Centre submitted.
The government emphasized that Parliament has the discretion to decide what duration of disqualification is appropriate, keeping in view principles of proportionality and reasonableness. 'It is one thing to say that Parliament has the power to impose a lifetime ban, and another to say that it must necessarily exercise that power in all cases,' it said.
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