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The Centre questioned the idea of a lifetime ban on convicted politicians from contesting elections
Arguing that penal sentences are temporary, and once served, convicts should regain their rights and rejoin society.
Decriminalization
Current Law: Under the Representation of the People Act of 1951, politicians are disqualified from elections only for the duration of their prison sentence and for six years afterward.
The government argues that a lifetime ban would be "unduly harsh" and disproportionate, as penalties under law are meant to be time-bound. Once the sentence ends, restrictions should also end.
The Centre maintains that disqualification for contesting elections is based on a conviction, which becomes irrelevant once the sentence ends.
The government pointed out that a lifetime ban would require rewriting Section 8 of the Representation of the People Act, which is the domain of Parliament, not the courts.
The Supreme Court raised concerns about the conflict of interest if convicted politicians return to Parliament or state legislatures after serving their sentence.
A report highlighted that thousands of criminal cases against MPs and MLAs are still pending, with many sitting MPs having criminal cases against them.
The court stressed the importance of thoroughly studying the issue of decriminalizing politics, beyond just addressing the issue of convicted politicians holding power.
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