Centre opposes PIL seeking life ban on convicted politicians

New Delhi: Opposing a public interest litigation seeking a lifetime ban on convicted politicians, the Centre has told the Supreme Court that "the question whether a lifetime ban would be appropriate or not is a question that is solely within the domain of Parliament".

In an affidavit filed in response to the PIL, the Centre has informed SC that the term of disqualification is determined by the Parliament "considering the principles of proportionality and reasonability".

The affidavit has been filed in response to a plea filed by advocate Ashwini Kumar Upadhyay, seeking lifelong disqualification of MPs and MLAs who have been convicted of criminal offences.

The petitioner has also challenged provisions of the Representation of the People Act, which bars convicted politicians from contesting elections for six years after serving the jail term.

In its response, the Centre has submitted that "by confining the operation of the penalty to an appropriate length of time, deterrence is ensured while undue harshness is avoided". The Centre's counter affidavit further states that the provisions under challenge are "constitutionally sound" and "do not suffer from the vice of excess delegation and are intra vires the powers of Parliament".

The affidavit adds that the prayer of the petitioner "amounts to re-writing of the statute or directing the Parliament to frame a law in a particular manner which is wholly beyond the powers of judicial review. It is trite law that the courts cannot direct Parliament to make a law or to legislate in a particular way".

The provisions will not become unconstitutional merely because the petitioner feels that they are inadequate, the Centre submitted. The affidavit points out that various penal laws limit the period of disqualification by time. "There is nothing inherently unconstitutional in limiting the effect of penalties by time," the affidavit adds.

A fortnight ago observing that "criminalisation of politics is a very major issue",SC had asked the Centre and Election Commission of India to respond to PIL.