New Delhi, Aug 10 : The Supreme Court on Wednesday agreed to look into a plea seeking an all-time ban on those who have been found guilty of crimes from running for office and becoming members of the state legislature and the Parliament.Assembly.Senior lawyer Vikas Singh, who was representing the petitioner, advocate Ashwini Upadhyay presented before a bench headed up by Chief Justice N.V.Ramana that even constables can lose their job if convicted.
Another lawyer said that a lawmaker convicted of a crime could return after the six-year suspension and create laws.
Upadhyay’s PIL highlighted that while officials and judges were suspended for their actions Politicians were allowed to continue as per the law.
In December of 2020 the Centre had submitted an affidavit in opposition to the PIL seeking a lifetime ban on politicians who are convicted of serious crimes.It had stated that the disqualification provided in the Representation of the People Act of 1951 for the duration of imprisonment and the subsequent six years was sufficient for legislators.
The Centre stated that, unlike government servants, “there are no specific service requirements imposed in regards to the duties of elected representatives although they’re classified as public employees.
Representatives elected to office must abide by the oath they took to serve the people of their respective constituency in particular, as well as the country in general”.
But, in 2017 the EC, in its short affidavit filed in the highest court, claimed that plea offered by Upadhyay is “not adversarial” in seeking directives for making sure that trials of MLAs and MPs are completed within one year and that those who are convicted are permanently barred from political participation.
The EC had reached an agreement in the supreme court that an order to ban should be in the spirit of fundamental rights of the Constitution which includes the rights to equality.
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