Imposing life ban on convicted lawmakers solely in Parliament‘s area: Centre to SC

The Centre has opposed within the Supreme Court docket a plea in search of a life ban on convicted politicians, saying imposing such a disqualification was solely throughout the area of Parliament.

In an affidavit filed in courtroom, the Centre mentioned the prayer in a plea, in search of the identical, amounted to re-writing of the statute or directing Parliament to border a legislation in a specific method which was wholly past the powers of judicial overview.

“The query whether or not a life-time ban can be applicable or not is a query that’s solely throughout the area of the parliament,” the affidavit mentioned.

By confining the operation of penalty to an applicable size of time, deterrence was ensured whereas undue harshness was prevented, it added.

There was, mentioned the Centre, nothing inherently unconstitutional in limiting the impact of penalties by time and it was a settled precept of legislation that penalties had been restricted both by time or by quantum.

“It’s submitted that points raised by the petitioner have large ranging ramifications and clearly fall throughout the legislative coverage of Parliament and the contours of judicial overview can be suitably altered in such regard,” the affidavit mentioned.

The plea within the high courtroom filed by advocate Ashwini Kumar Upadhyay seeks a life ban on convicted politicians other than the expeditious disposal of felony circumstances in opposition to MPs and MLAs within the nation.

In its affidavit, the Centre underlined the apex courtroom had persistently held that the legislative alternative over one choice or the opposite could not be questioned in courts over its efficacy or in any other case.

Underneath Part 8 (1) of the Illustration of the Folks Act, 1951, the interval of disqualification was six years from the date of conviction or in case of imprisonment, six years from the date of launch, it added.