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Supreme Court asks Centre’s view on Life Ban on Convicted Politicians

2 min read

Chaini Parwani –

Published On: November 25, 2021 at 15:10 IST

The Supreme Court on Wednesday asked the Centre’s view over a year-old Petition for imposing a life ban on convicted Politicians from Contesting Polls.

A Bench comprising of Chief Justice of India NV Ramana and Justices DY Chandrachud and Surya Kant came to this conclusion after a discussion with Additional Solicitor General SV Raju to present the Centre’s view on the Petition of Advocate-Petitioner Ashwini Upadhyay pleading a life ban on Convicted Politicians.

Further when Additional Solicitor General Raju stated that Orders on the issue are to be discussed with Centre, the Supreme Court Bench stated “It’s almost 15 months since the court sought Centre’s view. Are you willing to impose a life ban on convicted politicians? Unless the Centre takes a decision and consults the Election Commission for enactment of a Law or amending the Representation of People Act, it is not easy for this court to decide the issue. The Government has to decide whether or not to take the Legislative route.”

The Petitioner further alleged that conviction in a grave offence eliminates a person for the entire life to hold even the post of a Constable.

Referring to the number of Public Interest Litigations (PIL) filed by Upadhyay the Bench stated “A day is not far off when we have to set up a special bench to hear only the PILs filed by Upadhyay and ML Sharma.”

The Bench has passed numerous Orders since 2018 in connection to Upadhyay’s Petition to accelerate long pending Trials in Criminal Cases against sitting and former MPs and MLAs, including setting up of Special Courts.