Delhi (26) – Recently, a petition was filed in the Supreme Court banning two politicians from contesting elections for life and the process of politics. This petition has been opposed by the Centre. This public interest litigation was filed by Adv. Ashwini Kumar Upadhyay in the Supreme Court in 2016. Upadhyay, in his petition, challenged the constitutional validity of certain provisions of the Representation of the People Act, 1951. Politicians convicted of crimes under the above provisions of the Act are disqualified and are subject to a maximum sentence of six years. Upadhyay, in his petition, had demanded that this disqualification be made permanent. Criminals are banned from contesting elections. The Center has responded that banning a person from politics for life and barring him from contesting elections for a crime would be extreme. The Center has further clarified that the punishment given by the court is for a period of time. After completing the punishment , the person has the full right to join the society. Therefore, the Center has demanded in the Supreme Court that it is not right to band criminal for lifelong. This petition was presented in the Supreme Court. While hearing the petition, the Supreme Court raised the question, “how can a guilty politician come back to parliament and make laws?” The central government, while replying to the Supreme Court, said that it would be unfair to ban contesting elections for life. The central government argued that a six-year sentence is sufficient. The Supreme Court had sought a reply from the Central Government on this petition. The hearing of this petition will be held on March 4 in the state, and it is expected that this matter will increase further. The Supreme Court has also sought the opinion of the Election Commission in connection with this petition. Concerns are being expressed about the growing criminality in Indian politics.
Dr. Anupriya Gaikwad
For True to Life News Media Pvt. Ltd.