SC: How Do Convicted Leaders Still Enter Parliament, Assemblies?
The Supreme Court of India has voiced concern over the increasing presence of convicted criminals in Parliament and state legislatures, calling it one of the country's biggest challenges. The court questioned how individuals found guilty in criminal cases, even after High Court confirmation, continue to participate in politics.
A Public Interest Litigation (PIL) seeking a lifetime ban on convicted politicians from contesting elections was filed by advocate Ashwini Upadhyay. The petition also urged for the speedy trial of criminal cases against sitting and former Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). A bench comprising Justice Dipankar Datta and Justice Manmohan heard the matter yesterday.
The Supreme Court questioned the provisions under Sections 8 and 9 of the Representation of the People Act, which disqualify a convicted politician from contesting elections for only six years. The court remarked that while a government employee convicted of corruption loses their job, the same individual could still become a minister.
Amicus curiae Vijay Hansaria highlighted concerns about convicted individuals leading political parties, stating that 42% of sitting MPs have pending criminal cases, some of which have been ongoing for 30 years. The Supreme Court acknowledged these concerns and supported the objections raised by Hansaria.
In response, Justice Dipankar Datta stated that the matter should be referred to an appropriate bench and proposed this to Chief Justice Sanjiv Khanna. Hansaria also pointed out that existing laws allow individuals accused of serious crimes, including murder, to head recognized political parties, and urged the court to reconsider these provisions.
The Supreme Court has issued notices to the central government and the Election Commission of India, seeking their responses within three weeks on the objections raised regarding Sections 8 and 9 of the Representation of the People Act. Appearing on behalf of the Election Commission, advocate Siddhant Kumar requested time to present their stance. The court adjourned the hearing to the 4th of next month.
