Ban of MPs and MLAs convicted in criminal cases

NOB_Ban of MPs and MLAs convicted in criminal cases

NOB- Delhi news: The central government has clarified that the issue of whether to impose a lifetime ban on lawmakers who have been convicted in courts and have criminal records is entirely within the purview of Parliament. The Centre has submitted an affidavit to the Supreme Court on a petition filed by advocate Ashwini Kumar Upadhyay seeking a lifetime ban on MPs and MLAs convicted in criminal cases. When the petition was heard on the 10th of February 2025, the bench ordered the Centre and the Election Commission of India (ECI) to submit an affidavit. It suggested that they respond on the constitutional validity of Sections 8 and 9 of the Representation of the People Act, 1951. The Centre, which submitted an affidavit on this, opposed the request to impose a lifetime ban on political leaders convicted in various cases. The decision making power in such matters lies entirely within the purview of Parliament. The issues raised by the petitioner also have broad dimensions. Whether a lifetime ban is right or not is also a question that falls within the purview of Parliament. Such matters do not fall within the purview of judicial review, it clarified. Meanwhile, according to Section 8(1) of the Representation of the People Act, 1951, members of the legislature are barred from contesting elections for six years from the date of their conviction.

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