National

Convicted MP-MLA Should be Disqualified for Lifetime: Amicus Curiae Submits Report to SC

Senior advocate Vijay Hansaria, in his 19th report as amicus curiae to the Supreme Court regarding criminal cases against lawmakers, has urged the Court to amend the current provision. Currently, elected representatives convicted of offenses involving moral turpitude face disqualification from contesting elections for only six years. Hansaria proposes that such individuals should face a lifetime ban from contesting elections.

The Supreme Court has been examining a petition challenging Section 8 of The Representation of the People Act 1951, which pertains to the disqualification of convicted MPs and MLAs for a period of six years.

Hansaria emphasized that parliamentarians and legislators represent the sovereign will of the people. Therefore, once they are found guilty of offenses involving moral turpitude, they should be permanently disqualified from holding such offices. This recommendation will be presented before a bench presided over by Chief Justice of India (CJI) Dhananjaya Y Chandrachud.

Hansaria drew attention to existing rules governing civil servants, which call for the dismissal of employees convicted of offenses involving moral turpitude. Similarly, laws pertaining to statutory bodies like the Central Vigilance Commission and human rights commissions explicitly disqualify individuals convicted of such offenses from holding top positions.

Hansaria’s report argued, “If statutory authorities cannot include convicted individuals, it is manifestly arbitrary to allow such convicted individuals to occupy supreme legislative bodies after a certain period of conviction. Lawmakers should be held to a higher standard and be inviolable, compared to individuals holding office under such laws.”

The report, submitted through advocate Sneha Kalita, highlighted the lack of a coherent connection between a person’s ability to make laws disqualifying others from holding statutory office and that same person incurring disqualification only for a limited period.

Vijay Hansaria was appointed as amicus curiae in response to a petition filed by Ashwini Upadhyay, a leader of the Delhi Bharatiya Janata Party, challenging the constitutional validity of Section 8 of The Representation of People Act, 1951. This section currently disqualifies convicted legislators from contesting elections for a six-year period following their release.

Hansaria’s report echoed the petitioner’s argument that allowing convicted lawmakers to contest elections after just six years was “manifestly arbitrary and violative of Article 14 of the Constitution.” Article 14 guarantees equality before the law and equal protection of the laws.

The report also emphasized the urgent need for the speedy resolution of trials pending against MLAs and MPs. It revealed that there were 5,175 such cases pending in various trial courts across the country, with 2,116 of them lingering for more than five years. Uttar Pradesh had the highest number of such cases (1,377), followed by Bihar (546) and Maharashtra (482).

Ashish Sinha

-Ashish Kumar Sinha -Editor Legally Speaking -Ram Nath Goenka awardee - 14 Years of Experience in Media - Covering Courts Since 2008

Recent Posts

Centre Opposes Ex-Judges Panel To Monitor Stubble Burning In SC

The Centre on Friday opposed a proposal in the Supreme Court to form a committee…

5 hours ago

“It’s A Celebration For Us”: Delhi HC Bar Association Felicitates CJI Sanjiv Khanna

The Delhi High Court Bar Association on Friday honored Chief Justice of India Justice Sanjiv…

5 hours ago

International Criminal Court Issues Arrest Warrant For Israeli PM Netanyahu

The International Criminal Court has recently issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu,…

6 hours ago

Cal HC Stays Demolition Of Illegal Constructions In WB’s Mandarmoni

The Calcutta High Court on Friday granted an interim stay on the demolition of alleged…

6 hours ago

SC To Pass Order On Pleas To Efface Words ‘Secular’, ‘Socialist’ From Preamble

The Supreme Court on Friday announced that it would deliver its order on November 25…

7 hours ago

Air Pollution: SC Questions Delhi Govt On Truck Entry Amid GRAP-4 Restrictions

The Supreme Court raised concerns on Friday about the "drastic" consequences of the GRAP Stage…

7 hours ago