February 26, 2025: The central government has opposed a petition seeking a lifetime ban on politicians convicted of criminal offenses from contesting elections, stating that such matters fall under the legislative domain of Parliament.

In a counter-affidavit filed in the Supreme Court on Wednesday, the Centre argued that the duration of disqualification is a matter of legislative policy and should not be subject to judicial intervention. The petition, originally filed by lawyer Ashwini Upadhyaya in 2016, challenges the constitutional validity of Sections 8 and 9 of the Representation of the People Act, 1951, which currently set time-bound disqualifications for convicted individuals.

As per Section 8, a person convicted of specified offences is disqualified from contesting elections for six years after serving their jail term, while Section 9 bars public servants dismissed for corruption or disloyalty from eligibility for five years. The petitioner, however, has argued that these disqualifications should extend to a lifetime ban.

The Centre maintained that the current provisions strike a balance between deterrence and fairness by ensuring penalties are proportional and not excessively harsh. It also asserted that the petitioner's demand would amount to rewriting the law, a power that lies solely with Parliament.

"The prayer of the Petitioner amounts to the re-writing of the statute or directing Parliament to frame a law in a particular manner, which is wholly beyond the powers of judicial review," the government stated.

Additionally, the Centre highlighted that various penal laws impose time-limited disqualifications and that there is no constitutional requirement for lifelong bans. The Supreme Court is yet to deliver its ruling on the matter.