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How can the violators of the law make the laws ? : Supreme Court

Supreme Court’s statement on criminal public representatives

New Delhi – The Supreme Court said on Monday that it found no logic in a convicted legislator being barred from contesting elections for just six years and sought the Centre’s response on a petition seeking a life ban instead, observing that there exists an “apparent conflict of interest” in allowing a law-breaker to be a lawmaker. Justice Dipankar Datta said, “If conviction is upheld, a government servant gets barred for life. Then, how do people come back to Parliament ? There is an apparent conflict of interest too. How do persons breaking the law make laws?”

Granting three weeks’ time to the Centre and the Election Commission (EC) to file their responses, the bench said, “Criminalisation of politics is a major issue and EC should have applied its mind to it….We need to be told how one who is not suitable to continue in government service, can become a minister.” It further clarified that in the event no response is filed, the court will proceed with the matter.

Advocate Ashwini Kumar Upadhyay, who was represented by senior advocate Vikas Singh, challenged the constitutional validity of sections 8 and 9 of the Representation of Peoples Act, 1951. The petition demanded imposing a life ban on convicted politicians and to fast-track trials pending against them in various courts.

Amicus Curiae Senior advocate Vijay Hansaria assisting the court filed a note indicating how more than 5,000 cases are still pending against MPs/MLAs and how some states were yet to have dedicated courts for hearing cases against legislators.

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