Lifetime ban on convicted legislators: Limitations on contesting election impinges upon will of people, says CJI

While hearing a petition seeking lifetime ban on convicted legislators, Cheif Justice of India J S Khehar today said that whether it's a six year ban or any other limitation, as a principle "it impinges upon the will of the people to choose". While making a broad argument, the CJI was of the view that though the legislature has put a ban of six years on legislators once convicted for certain offences but people have a right to choose and elect anyone.

CJI Khehar said, "Murder may not be a bar to not to fight elections. The court can only give a sentence and make it clear that someone is a murderer."

The plea argued by senior advocate Siddharth Luthra said that the current Representation of People's Act is arbitrary to the extent that it prescribes only six year ban on contesting elections for a certain class of offences. According to him, there should be a complete ban on such legislators. The same view has also been supported by the Election Commission in a separate case going on. The court has asked Luthra to file an intervening application in a plea which is already pending before the court.

BAN SHOULD BE LIFETIME

Under the current law, a legislator is debarred for six years from contesting elections once he is convicted for heinous or moral offences. Various pleas have knocked the Supreme Court arguing that the ban should be lifetime at par with the judiciary and executive where a person cannot hold office for life post conviction.

Interestingly, despite backing of the Election Commission (EC), the Centre has opposed the lifetime ban on convicted Member of Parliaments or the state legislative Assembly members. The Centre has vehemently opposed the suggestion of the EC to bar the legislators, who have been convicted of criminal offences. Submitting its response to the public interest litigation, the Centre has argued that the current debarment for six years is in no way violative of Article 14.

A PIL was filed by Ashwini Kumar Upadhyay, lawyer and BJP leader, seeking to set up special courts for speedy disposal of matters related to legislators and to further bar them from contesting elections for life.

Under the current Representation of People's Act, 1951, a person may contest elections after seven years. Earlier, submitting its response in the matter, the EC had supported the petitioner's request for lifetime ban on convicted MPs and MLAs. The Centre, however, took a stand in stark contrast.

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