‘Undue harsh’: Centre opposes lifetime disqualification of convicted lawmakers

The Union government has opposed a plea seeking a lifetime ban on convicted lawmakers from contesting elections, asserting before the Supreme Court that there is “nothing inherently unconstitutional in limiting the effect of penalties by time” to ensure deterrence while avoiding “undue harshness”.

Defending the existing legal provisions that limit the disqualification of convicted legislators to six years after completing their jail time, the Centre, in an affidavit submitted before the top court, argued that the impugned provisions of the Representation of the People Act, 1951, are based on the principles of “proportionality and reasonability”, and that Parliament, as the exclusive lawmaking authority, has the discretion to decide the period of disqualification or penalties for convicted lawmakers.