Supreme Court to take up plea to ban convicts from polls for life

Syllabus: General Studies Paper 2

The Supreme Court said it will consider a plea seeking a lifetime ban on people convicted of offences from contesting elections and becoming Members of Parliament and State Legislative Assemblies.

• The Centre had, in an affidavit filed in 2020, maintained in court that disqualification under the Representation of the People Act of 1951 for the period of prison sentence and six years thereafter was enough for legislators.
• In its affidavit in December 2020, the Ministry had rejected the idea of a lifetime ban on convicted persons contesting elections or forming or becoming an office-bearer of a political party. 
• The Ministry had reasoned that MPs and MLAs were not bound by specific “service conditions”. 
• They are bound by their oath to serve citizens and country.
• They are bound by propriety, good conscience and interest of the nation.
• The Centre’s stand in 2020 contradicted that of the Election Commission of India (ECI). 
• In 2017, the top poll body endorsed the call for a lifetime ban in the apex court. It had argued that such a move would “champion the cause of decriminalisation of politics”. 
• The ECI had then agreed in the Supreme Court that a ban would be in the spirit of fundamental rights of the Constitution, including the right to equality.

Provisions of disqualification under Representation of Peoples Act 1951:

Section 8 deals with disqualification of representatives on conviction for certain offences. A person can be disqualified on below grounds:

• Disqualification on conviction for certain election offences and corrupt practices in the election.
• A person convicted of any offence and sentenced to imprisonment for not less than two years.
• Disqualification on the ground of corrupt practices.
• Disqualification for dismissal for corruption or disloyalty.
• Disqualification for office under Government Company.
• Disqualification for failure to lodge account of election expenses.
• Disqualification for promoting enmity between different groups or for the offence of bribery.
• A person must not have been punished for preaching and practicing social crimes such as Untouchability, Dowry, Sati etc.